52900 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

agencies and persons consulted during 

the consideration process. 40 CFR 

1508.9(b). 

The provisions of this direct final rule 

build on current regulatory 

requirements to enhance the safety and 

security of shipments of chemical 

oxygen generators when transported 

aboard an aircraft. The net 

environmental impact, therefore, will be 

moderately positive. There are no 

significant environmental impacts 

associated with this direct final rule. 

J. Privacy Act 

Anyone is able to search the 

electronic form of all 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 DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

List of Subjects in 49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Labeling, Markings, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, we 

are amending title 49 Chapter I, 

Subchapter C, as follows: 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENTS, AND 

SECURITY PLANS 

■ 1. The authority citation for part 172 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.53. 

§ 172.101 [Amended] 

■ 2. In the Hazardous Materials Table, 

in § 172.101, for the shipping name 

‘‘Oxygen generator, chemical (including 

when contained in associated 

equipment, e.g., passenger service units 

(PSUs), portable breathing equipment 

(PBE), etc),’’ the entry in Column (9B), 

is revised to read ‘‘25 kg’’. 

Issued in Washington, DC on October 8, 

2009 under authority delegated in 49 CFR 

part 106. 

Cynthia Douglass, 

Acting Deputy Administrator for Hazardous 

Materials Safety. 

[FR Doc. E9–24779 Filed 10–14–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Parts 1001, 1002, 1003, 1007, 

1011, 1012, 1016, 1100, 1102, 1103, 

1104, 1105, 1109, 1110, 1113, 1114, 

1116, 1118, 1132, 1139, 1150, 1152, 

1177, 1180, 1240, 1241, 1242, 1243, 

1245, 1246, 1248, 1253, 1260, 1261, 

1262, 1263, 1264, 1265, 1266, 1267 and 

1269 

[STB Ex Parte No. 685] 

Removal of Delegations of Authority to 

Secretary 

AGENCY: Surface Transportation Board. 

ACTION: Final rules. 

SUMMARY: The Surface Transportation 

Board (Board or STB) amends its 

regulations by eliminating the Secretary 

of the Board, reassigning the delegations 

of authority from the Secretary to other 

Offices of the Board, and making 

additional updates to eliminate 

incorrect or obsolete references. Because 

these administrative final rules amend 

internal agency practice and procedure, 

this action is exempt from the usual 

requirement for notice and an 

opportunity for public comment under 

5 U.S.C. 553(b)(A) of the Administrative 

Procedure Act. 

DATES: These rules are effective on 

November 16, 2009. 

ADDRESSES: Information or questions 

regarding this final rule should 

reference STB Ex Parte No. 685 and be 

in writing addressed to: Chief, Section 

of Administration, Office of 

Proceedings, Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia T. Brown at (202) 245–0350. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: The Board 

is revising its regulations to eliminate 

the Secretary of the Board, to reassign 

the delegations of authority from the 

Secretary to other Board Offices, and to 

make additional updates to eliminate 

incorrect or obsolete references. The 

regulations at 49 CFR part 1011, which 

provide the delegations of authority by 

the Board, and all other rules affected by 

the removal of delegations of authority 

from the Secretary will be revised to 

reflect the change in delegations and 

other updates. The Secretary is being 

eliminated to increase efficiency within 

the Board. The duties of the Secretary 

will be transferred to other Offices 

within the Board. These rules set out the 

new delegations and procedures for 

processing cases, appeals, and inquiries 

from the public. 

49 CFR 1001.1, Records Available From 

the Board and 49 CFR 1001.2, Certified 

Copies of Records 

In sections 1001.1(a) and 1001.2, 

which concern availability of Board 

records and certification of record 

copies, the Board removes the 

references to the Secretary. In section 

1001.1(a), the Board changes the 

reference from Secretary to Records 

Officer, the new custodian of records for 

the Board. In section 1001.2, the Board 

changes the reference from the Secretary 

to the Records Officer, to reflect the 

Records Officer’s new responsibility for 

certifying copies of records. 

49 CFR 1002.1, Fees for Records 

Search, Review, Copying, Certification, 

and Related Services 

Sections 1002.1(a), (g)(14)(vi), and (i). 

The Board changes the references from 

the Secretary in sections 1002.1(a) and 

(i), which concern fees for records 

certification, records copying, and 

transcript purchases, to the Records 

Officer. Sections 1002.1(g)(14)(vi) and 

(i) will be updated to add the 4-digit 

code provided by the United States 

Postal Service to the postal ZIP code for 

the Board’s office. 

Section 1002.1(e). This section 

concerns fees for courier services. The 

position of Information Officer no 

longer exists, so the reference will be 

changed to the Records Officer. Fees for 

courier service can be obtained from the 

Records Officer or the Board’s Web site. 

Sections 1002.1(f), (f)(1), and (g)(8). 

These sections, which concern fees for 

search and copying services requiring 

computer processing and for records not 

considered public under the Freedom of 

Information Act, will be revised to 

remove the outdated term ‘‘ADP’’ and 

replace it with the term ‘‘computer.’’ 

49 CFR 1002.2, Filing Fees 

Section 1002.2(a)(3). This section, 

which identifies a Board designee to 

receive payment of filing fees, will be 

revised to remove the reference to the 

Secretary. Routine business practices 

require only that the fees be payable to 

the Surface Transportation Board. We 

will not require additional specificity. 

Section 1002.2(e)(2)(i) and (e)(2)(iii). 

These sections concern requests for 

waiver or reduction of fees prescribed in 

section 1002.2(f) and notification of the 

Board’s action on such requests. The 

reference to the Secretary in section 

1002.2(e)(2)(i) will be changed to 

‘‘Chief, Section of Administration, 


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1Unless otherwise noted, the references in this 

decision to 49 CFR part 1011 will be to the sections 

of that part as numbered prior to the changes we 

are adopting in this decision. 

2The affected sections shall include 49 CFR parts 

1100, 1102, 1103, 1104, 1105, 1109, 1110, 1113, 

1114, 1116, 1118, 1132, 1139, 1150, 1152, 1177, 

1180, 1240, 1241, 1242, 1243, 1245, 1246, 1248, 

1253, and 1260–1269. 

3Sections revised to insert references to the 

Office of Proceedings or its Director shall include 

49 CFR 1109.1, 1110.7, 1113.2, 1113.17, 1114.24, 

1114.31, and 1180.4. 

4Sections revised to insert references to the Chief 

of the Section of Administration shall include 49 

CFR 1102.1, 1102.2, 1103.4, 1104.1, 1105.12, 

1109.1, 1110.2–.3, 1110.9, 1113.2, 1116.1, 1118.3, 

1132.1, 1139.7, 1139.25, 1150.10, 1152.21–.22, 

1152.24–.25, 1152.27, 1152.29, 1177.2–.4, 1180.4, 

and 1253.20. 

5The affected sections shall include 49 CFR 

1100.4, 1103.3, 1105.12, and 1110.3. 

Office of Proceedings, Surface 

Transportation Board’’ and in section 

1002.2(e)(2)(iii) to ‘‘Chief, Section of 

Administration, Office of Proceedings, 

Surface Transportation Board.’’ 

49 CFR 1003.1, General Information 

In section 1003.1, which provides 

instruction for obtaining prescribed 

forms except insurance forms, the Board 

removes the reference to the Office of 

the Secretary and inserts a reference to 

the Office of Public Assistance, 

Governmental Affairs, and Compliance. 

49 CFR 1007.3, Requests by an 

Individual for Information or Access 

and 49 CFR 1007.6, Disclosure to Third 

Parties 

These sections, which concern 

requests by individuals for information 

and disclosure to third parties by the 

Board, will be updated to reflect the 

Board’s current United States Postal 

Service mailing address. 

49 CFR 1011.3, The Chairman, Vice 

Chairman, and Board Member 

Section 1011.3(c)(1) refers to the 

Secretary as one of the designees for 

recording legally required votes and 

official acts of the Board. This reference 

will be changed to Clearance Clerk. 

49 CFR 1011.6, Delegations of Authority 

by the Chairman 

Sections 49 CFR 1011.6(c)(3), (d), and 

(g). These sections identify delegations 

of authority to the Secretary. Under 

section 1011.6(c)(3), the Secretary has 

authority to dispose of routine 

procedural matters under modified 

procedure not assigned to an 

administrative law judge or Board 

Member and, unless otherwise ordered 

by the Chairman or by a majority of the 

Board in individual proceedings, 

authority to decide whether complaint 

proceedings shall be assigned for oral 

hearing or handled under modified 

procedure. Section 1011.6(d) provides 

for the authority of the Secretary to 

dismiss a complaint or application at 

the request of the complainant or 

applicant. In section 1011.6(g), the 

Secretary has authority to sign and 

transmit to the Small Business 

Administration certifications of no 

significant economic impact on a 

substantial number of small entities for 

proposed rules that might be adopted by 

the Board and findings regarding waiver 

of initial regulatory flexibility analysis 

or delay of initial or final regulatory 

flexibility analyses, under the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq. We are removing all references to 

the Secretary in these sections and 

delegating the authorities stated in these 

sections to the Director of the Office of 

Proceedings. 

49 CFR 1011.7, Delegations of Authority 

by the Board to Specific Offices of the 

Board 

Sections 49 CFR 1011.7(a), (b), and 

(c). These sections identify delegations 

of authority to specific offices of the 

Board. Because there is no longer an 

Office of the Secretary, the heading in 

the regulations for the Secretary (section 

1011.7(a)) will be deleted and replaced 

with Office of Proceedings. All other 

references to the Secretary in section 

1011.7(a) will be changed to the Director 

of the Office of Proceedings. The section 

will read: ‘‘(a) Office of Proceedings. (1) 

The Director of the Office of 

Proceedings is delegated the following 

authority: * * * .’’ Sections 1011.7(a)(1) 

and (a)(2) will be renumbered to 

sections 1011.7(a)(1)(i) and (a)(1)(ii), 

respectively. In section 1011.7(a), the 

cross-reference to paragraph (c)(2) will 

be updated to (b)(2) (to reflect the 

change that will be adopted below) and 

the 4-digit code provided by the United 

States Postal Service will be added to 

the postal ZIP code for the Board’s 

office. 

There is no longer an Office of 

Compliance and Enforcement so the 

references to that Office also will be 

deleted and replaced with the Office of 

Public Assistance, Governmental 

Affairs, and Compliance in sections 

1011.7(a) and (c). Accordingly, the 

reference to the Chief, Section of Tariffs, 

Office of Compliance and Enforcement 

in section 1011.7(c) will be deleted. The 

reference to the Office of Proceedings in 

the heading to section 1011.7(b) will be 

deleted. Section 1011.7(b) will be 

renumbered as section 1011.7(2) and 

will read: ‘‘(2) In addition to the 

authority delegated * * * .’’ The 

remainder of section 1011.7(b) will be 

renumbered appropriately and the 

cross-reference to 49 CFR 1011.6(h) will 

be updated to reflect 49 CFR 

1011.6(c)(3), (d), (g), and (h), to include 

the new delegations of authority 

announced in this decision. In section 

1011.7(b)(16), the Board changes the 

reference from ‘‘The Burlington 

Northern and Santa Fe’’ to ‘‘BNSF.’’ 

Section 1011.7(c) will be renumbered as 

section 1011.7(b).1

49 CFR 1012.1, General Provisions, 49 

CFR 1012.3, Public Notice, and 49 CFR 

1016.311, Payment of Award 

Section 49 CFR 1012.1. Section 

1012.1(c) refers to written requests for 

copies of the votes or statements of 

position of Board Members eligible to 

participate in action taken by notation 

voting. The reference to the Secretary of 

the Board will be deleted and replaced 

with Records Officer. 

Section 49 CFR 1012.3. This section 

refers to public notice of the scheduling 

of a Board meeting. The reference to the 

Secretary in section 1012.3(a) will be 

changed to Clearance Clerk. 

Section 49 CFR 1016.311. This section 

refers to an applicant’s submission of an 

award granted against the Board. The 

reference to the Secretary in this section 

will be changed to ‘‘Chief, Section of 

Financial Services.’’ 

49 CFR Parts 1100–1269 

Our decision requires minor changes 

to 49 CFR parts 1100–1269, which 

contain provisions for conducting 

proceedings and procedures for how the 

public shall communicate with the 

Board when submitting documents and 

requesting reports.2 In most instances, 

we remove references to the Office of 

the Secretary or Secretary and insert 

references to the Office of Proceedings, 

its Director, or its Chief of the Section 

of Administration.3 These additions to 

the delegations of authority to the 

Director of the Office of Proceedings 

will appear at 49 CFR 1011.6 and 

1011.7. 

In the sections revised to insert 

references to the Chief of the Section of 

Administration we update references to 

the Secretary to reflect our decision that 

the Chief of the Section of 

Administration will be the contact for 

all Board filings.4 Unless otherwise 

noted in the regulations, proceeding and 

recordation related correspondence to 

the Board should be addressed to the 

Chief of the Section of Administration. 

In some instances, the change in these 

sections will be to delete references to 

the Secretary and insert a reference to 

the Office of Public Assistance, 

Governmental Affairs, and Compliance, 

or to its Director.5 These updated 


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6The affected sections shall include 49 CFR 

1102.1, 1104.1, 1105.12, 1110.2, 1110.9, 1116.1, 

1118.3, 1139.7, 1139.25, 1152.21–.22, 1152.24–.25, 

1152.27, 1177.2, 1180.4, and 49 CFR parts 1260– 

1269. 

references reflect our decision that 

public inquiries concerning the 

regulations, offers of financial 

assistance, public use or trails, and the 

availability of published notices, and 

requests for non-attorneys to practice 

before the Board should be directed to 

the Office of Public Assistance, 

Governmental Affairs, and Compliance. 

In parts 1240–1269, the references to the 

Secretary concerning availability of 

report forms will be deleted and 

replaced with the Office of Economics, 

Environmental Analysis, and 

Administration. 

We also make the following technical 

changes. In section 1150.10(b), the 

cross-reference 49 CFR 1002.2(f)(33) is 

noted as reserved; we will revise the 

cross-reference to 49 CFR 1002.2(f). In 

section 49 CFR 1152.25(e) the Board 

updates the cross-reference from 49 CFR 

1011.8(c)(4) and (5) to 49 CFR 

1011.7(a)(2)(iv) and (v) to reflect the 

changes made in this decision. In 

section 49 CFR 1152.27(e)(1) and (e)(2) 

the out-of-date reference to section 

1011.8 (concerning delegation of 

authority) will be updated to section 

1011.7(a). In section 1180.4, the 

reference to James H. Bayne will be 

deleted. In 49 CFR parts 1100–1269, we 

also update the Board’s address and add 

the 4-digit code provided by the United 

States Postal Service to the postal ZIP 

code for the Board’s office, as 

necessary.6

Because these changes relate solely to 

the rules of agency practice, procedure, 

and organization, they will be issued as 

final rules without requesting public 

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

The Board certifies that these rule 

changes will not have a significant 

economic effect on a substantial number 

of small entities. The changes being 

made pertain to agency management, 

personnel, and procedure, and should 

have no impact on 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 1001 

Administrative practice and 

procedure, Confidential business 

information, and Freedom of 

information. 

49 CFR Parts 1002 and 1003 

Administrative practice and 

procedure, Common carriers, and 

Freedom of information. 

49 CFR Part 1007 

Privacy. 

49 CFR Part 1011 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), and 

Organization and functions 

(Government agencies). 

49 CFR Part 1012 

Sunshine Act. 

49 CFR Part 1016 

Claims, Equal access to justice, and 

Lawyers. 

49 CFR Parts 1100, 1102, 1103, and 

1104 

Administrative practice and 

procedure. 

49 CFR Part 1105 

Environmental impact statements, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 1109 

Administrative practice and 

procedure, Maritime carriers, Motor 

carriers, and Railroads. 

49 CFR Parts 1110, 1113, 1114, 1116, 

1118, and 1132 

Administrative practice and 

procedure. 

49 CFR Part 1139 

Administrative practice and 

procedure, Buses, Freight, Motor 

carriers, and Reporting and 

recordkeeping requirements. 

49 CFR Part 1150 

Administrative practice and 

procedure, and Railroads. 

49 CFR Part 1152 

Administrative practice and 

procedure, Railroads, Reporting and 

recordkeeping requirements, and 

Uniform System of Accounts. 

49 CFR Part 1177 

Administrative practice and 

procedure, Archives and records, 

Maritime carriers, and Railroads. 

49 CFR Part 1180 

Administrative practice and 

procedure, Railroads, and Reporting and 

recordkeeping requirements. 

49 CFR Parts 1240, 1241, and 1243 

Railroads and Recordkeeping 

requirements. 

49 CFR Part 1242 

Railroads, Taxes. 

49 CFR Part 1245 

Railroad employees, Reporting and 

recordkeeping requirements, and Wages. 

49 CFR Part 1246 

Railroad employees, Reporting and 

recordkeeping requirements. 

49 CFR Part 1248 

Freight, Railroads, Reporting and 

recordkeeping requirements, and 

Statistics. 

49 CFR Part 1253 

Freight forwarders, Maritime carriers, 

Motor carriers, Pipelines, Railroads, and 

Reporting and recordkeeping 

requirements. 

49 CFR Part 1260–1269 

Valuation. 

It is ordered: 

1. The final rules set forth in the 

Appendix to this decision are adopted. 

Notice of the rules adopted here will be 

published in the Federal Register. 

2. This decision is effective on 

November 16, 2009. 

Decided: October 5, 2009. 

By the Board, Chairman Elliott, Vice 

Chairman Nottingham, and Commissioner 

Mulvey. 

Kulunie L. Cannon, 

Clearance Clerk. 

APPENDIX 

Code of Federal Regulations 

■ For the reasons set forth in the 

preamble, the Surface Transportation 

Board amends parts 1001 through 1003, 

1007, 1011, 1012, 1016, 1100, 1102 

through 1105, 1109, 1110, 1113, 1114, 

1116, 1118, 1132, 1139, 1150, 1152, 

1177, 1180, 1240 through 1243, 1245, 

1246, 1248, 1253, and 1260–1269 of title 

49, chapter X, of the Code of Federal 

Regulations as follows: 

PART 1001—INSPECTION OF 

RECORDS 

■ 1. The authority citation for part 1001 

continues to read as follows: 

Authority: 5 U.S.C. 552, 49 U.S.C. 702, 

and 49 U.S.C. 721. 

■ 2. Amend § 1001.1 by revising 

paragraph (a) introductory text to read 

as follows: 


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§ 1001.1 Records available from the Board. 

(a) The following specific files and 

records in the custody of the Records 

Officer of the Surface Transportation 

Board are available to the public and 

may be inspected at the Board’s office 

upon reasonable request during 

business hours (between 8:30 a.m. and 

5 p.m., Monday through Friday): 

* * * * * 

■ 3. Revise § 1001.2 to read as follows: 

§ 1001.2 Certified copies of records. 

Copies of and extracts from public 

records will be certified by the Records 

Officer. Persons requesting the Board to 

prepare such copies should clearly state 

the material to be copied, and whether 

it shall be certified. Charges will be 

made for certification and for the 

preparation of copies as provided in 

part 1002 of this chapter. 

PART 1002—FEES 

■ 4. The authority citation for part 1002 

continues to read as follows: 

Authority: 5 U.S.C. 552(a)(4)(A) and 553; 

31 U.S.C. 9701; and 49 U.S.C. 721. Section 

1002.1(g)(11) also issued under 5 U.S.C. 5514 

and 31 U.S.C. 3717. 

■ 5. Amend § 1002.1 by revising 

paragraphs (a), (e), (f) introductory text, 

(f)(1), (g)(8), (g)(14)(vi), and (i) to read as 

follows: 

§ 1002.1 Fees for records search, review, 

copying, certification, and related services. 

* * * * * 

(a) Certificate of the Records Officer, 

$17.00. 

* * * * * 

(e) Fees for courier services to 

transport agency records to provide onsite access to agency records stored offsite will be set at the rates set forth in 

the Board’s agreement with its courier 

service provider. Rate information is 

available on the Board’s Web site 

(http://www.stb.dot.gov) or can be 

obtained from the Board’s Records 

Officer, Room 1200, Surface 

Transportation Board, Washington, DC 

20423–0001. 

(f) The fee for search and copying 

services requiring computer processing 

are as follows: 

(1) A fee of $66.00 per hour for 

professional staff time will be charged 

when it is required to fulfill a request 

for computer data. 

* * * * * 

(g) * * * 

(8) The fees for computer data are set 

forth in paragraph (f) of this section. 

* * * * * 

(14) * * * 

(vi) The primary interest in 

disclosure: Whether the magnitude of 

the identified commercial interest of the 

requester is sufficiently large, in 

comparison with the public interest in 

disclosure, that disclosure is ‘‘primarily 

in the commercial interest of the 

requester.’’ This fee waiver and 

reduction provision will be 

implemented in accordance with 

guidelines issued by the U.S. 

Department of Justice on April 2, 1987 

and entitled ‘‘New FOIA Fee Waiver 

Policy Guidance.’’ A copy of these 

guidelines may be inspected or obtained 

from the Surface Transportation Board’s 

Freedom of Information Office, 

Washington, DC 20423–0001. 

* * * * * 

(i) Transcript of testimony and of oral 

argument, or extracts therefrom, may be 

purchased by the public from the 

Board’s official reporter. For 

information regarding the official 

reporter, contact the Records Officer, 

Surface Transportation Board, 

Washington, DC 20423–0001. 

■ 6. Amend § 1002.2 by revising 

paragraphs (a)(3) and (e)(2)(i) and (iii) to 

read as follows: 

§ 1002.2 Filing fees. 

(a) * * * 

(3) Fees will be payable to the Surface 

Transportation Board, by check payable 

in United States currency drawn upon 

funds deposited in a United States or 

foreign bank or other financial 

institution, money order payable in 

United States currency, or by credit 

card. 

* * * * * 

(e) * * * 

(2) * * * 

(i) When to request. At the time that 

a filing is submitted to the Board the 

applicant may request a waiver or 

reduction of the fee prescribed in this 

part. Such request should be addressed 

to the Chief, Section of Administration, 

Office of Proceedings, Surface 

Transportation Board. 

* * * * * 

(iii) Board action. The Chief, Section 

of Administration, Office of 

Proceedings, Surface Transportation 

Board will notify the applicant of the 

decision to grant or deny the request for 

waiver or reduction. 

* * * * * 

PART 1003—FORMS 

■ 7. The authority citation for part 1003 

continues to read as follows: 

Authority: 49 U.S.C. 721, 13301(f). 

■ 8. Amend § 1003.1 by revising 

paragraph (c) to read as follows: 

§ 1003.1 General information. 

* * * * * 

(c) Copies of all prescribed forms 

except insurance forms are available 

upon request from the Office of Public 

Assistance, Governmental Affairs, and 

Compliance, Surface Transportation 

Board, Washington, DC 20423. 

PART 1007—RECORDS CONTAINING 

INFORMATION ABOUT INDIVIDUALS 

■ 9. The authority citation for part 1007 

continues to read as follows: 

Authority: 5 U.S.C. 552, 49 U.S.C. 721. 

■ 10. Amend § 1007.3 by revising 

paragraph (a) to read as follows: 

§ 1007.3 Requests by an individual for 

information or access. 

(a) Any individual may request 

information on whether a system of 

records maintained by the Board 

contains any information pertaining to 

him or her, or may request access to his 

or her record or to any information 

pertaining to him or her which is 

contained in a system of records. All 

requests shall be directed to the Privacy 

Officer, Surface Transportation Board, 

395 E Street, SW., Washington, DC 

20423–0001. 

* * * * * 

■ 11. Amend § 1007.6 by revising 

paragraph (c) to read as follows: 

§ 1007.6 Disclosure to third parties. 

* * * * * 

(c) The accounting described in 

paragraph (b) of this section will be 

made available to the individual named 

in the record upon his written request, 

directed to the Privacy Officer, Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001, except 

that the accounting will not be revealed 

with respect to disclosures made under 

paragraph (a)(7) of this section 1107.6 

pertaining to law enforcement activity, 

and will not be maintained as to 

disclosures involving systems of records 

exempted under section 1007.12. 

* * * * * 

PART 1011—BOARD ORGANIZATION; 

DELEGATIONS OF AUTHORITY 

■ 12. The authority citation for part 

1011 continues to read as follows: 

Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 

49 U.S.C. 701, 721, 11123, 11124, 11144, 

14122, and 15722. 

■ 13. Amend § 1011.3 by revising 

paragraph (c)(1) to read as follows: 

§ 1011.3 The Chairman, Vice Chairman, 

and Board Member. 

* * * * * 


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(c)(1) The Chairman presides at all 

sessions of the Board and sees that every 

vote and official act of the Board 

required by law to be recorded is 

accurately and promptly recorded by 

the Clearance Clerk or the person 

designated by the Board for that 

purpose. 

* * * * * 

■ 14. Amend § 1011.6 by revising 

paragraphs (c)(3), (d), and (g) 

introductory text to read as follows: 

§ 1011.6 Delegations of authority by the 

Chairman. 

* * * * * 

(c) * * * 

(3) Unless otherwise ordered by the 

Board in individual proceedings, 

authority to dispose of routine 

procedural matters in proceedings 

assigned for handling under modified 

procedure, other than those assigned to 

an administrative law judge or a Board 

Member, is assigned to the Director of 

the Office of Proceedings. The Director 

of the Office of Proceedings shall also 

have authority, unless otherwise 

ordered by the Chairman or by a 

majority of the Board in individual 

proceedings, to decide whether 

complaint proceedings shall be handled 

under the modified procedure or be 

assigned for oral hearings. In carrying 

out these duties, the Director of the 

Office of Proceedings shall consult, as 

necessary, with the General Counsel and 

the Director of any Board office to 

which an individual proceeding has 

been assigned. 

(d) Except as provided at 49 CFR 

1113.3(b)(1), authority to dismiss a 

complaint on complainant’s request, or 

an application on applicant’s request, is 

delegated to the Director of the Office of 

Proceedings. 

* * * * * 

(g) The Director of the Office of 

Proceedings is delegated authority, 

under the Regulatory Flexibility Act, 5 

U.S.C. 601, et seq., to: 

* * * * * 

■ 15. Amend § 1011.7 by revising 

paragraphs (a), (b) introductory text, 

(b)(1), and (b)(3) to read as follows: 

§ 1011.7 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 following 

authority: 

(i) Whether (in consultation with 

involved Offices) to waive filing fees set 

forth at 49 CFR 1002.2(f). 

(ii) To issue, on written request, 

informal opinions and interpretations 

(exclusive of informal opinions and 

interpretations on carrier tariff 

provisions), which are not binding on 

the Board. In issuing informal opinions 

or interpretations, the Director of the 

Office of Proceedings shall consult with 

the Directors of the appropriate Board 

offices. Such requests must be directed 

to the Director of the Office of 

Proceedings, Surface Transportation 

Board, Washington, DC 20423–0001. 

Authority to issue informal opinions 

and interpretations on carrier tariff 

provisions is delegated at paragraph 

(b)(2) of this section to the Office of 

Public Assistance, Governmental 

Affairs, and Compliance. 

(2) In addition to the authority 

delegated at 49 CFR 1011.6(c)(3), (d),(g), 

and (h), the Director of the Office of 

Proceedings shall have authority 

initially to determine the following: 

(i) Whether to designate abandonment 

proceedings for oral hearings on request. 

(ii) Whether offers of financial 

assistance satisfy the statutory standards 

of 49 U.S.C. 10904(d) for purposes of 

negotiations or, in exemption 

proceedings, for purposes of partial 

revocation and negotiations. 

(iii) Whether: 

(A) To impose, modify, or remove 

environmental or historic preservation 

conditions; and 

(B) In abandonment proceedings, to 

impose public use conditions under 49 

U.S.C. 10905 and the implementing 

regulations at 49 CFR 1152.28. 

(iv) In abandonment proceedings, 

when a request for interim trail use/rail 

banking is filed under 49 CFR 1152.29, 

to determine whether the National 

Trails System Act, 16 U.S.C. 1247(d), is 

applicable and, where appropriate, to 

issue Certificates of Interim Trail Use or 

Abandonment (in application 

proceedings) or Notices of Interim Trail 

Use or Abandonment (in exemption 

proceedings). 

(v) In any abandonment proceeding 

where interim trail use/rail banking is 

an issue, to make such findings and 

issue decisions as may be necessary for 

the orderly administration of the 

National Trails System Act, 16 U.S.C. 

1247(d). 

(vi) Whether to institute requested 

declaratory order proceedings under 5 

U.S.C. 554(e). 

(vii) To issue decisions, after 60 days’ 

notice by any person discontinuing a 

subsidy established under 49 U.S.C. 

10904 and at the railroad’s request: 

(A) In application proceedings, 

immediately issuing decisions 

authorizing abandonment or 

discontinuance; and 

(B) In exemption proceedings, 

immediately vacating the decision that 

postponed the effective date of the 

exemption. 

(viii) In proceedings under the Feeder 

Railroad Development Program under 

49 U.S.C. 10907 and the implementing 

regulations at 49 CFR part 1151: 

(A) Whether to accept or reject 

primary applications under 49 CFR 

1151.2(b); competing applications under 

section 1151.2(c); and incomplete 

applications under 49 CFR 1151.2(d). 

(B) Whether to grant waivers from 

specific provisions of 49 CFR part 1151. 

(ix) In exemption proceedings subject 

to environmental or historic 

preservation reporting requirements, to 

issue a decision, under 49 CFR 

1105.10(g), making a finding of no 

significant impact where no 

environmental or historic preservation 

issues have been raised by any party or 

identified by the Board’s Section of 

Environmental Analysis. 

(x) Whether to issue notices of 

exemption under 49 U.S.C. 10502: 

(A) For acquisition, lease, and 

operation transactions under 49 U.S.C. 

10901 and 10902 and the implementing 

regulations at 49 CFR part 1150, 

subparts D and E; 

(B) For connecting track constructions 

under 49 U.S.C. 10901 and the 

implementing regulations at 49 CFR 

1150.36; 

(C) For rail transactions under 49 

U.S.C. 11323 and the implementing 

regulations at 49 CFR 1180.2(d); and 

(D) For abandonments and 

discontinuances under 49 U.S.C. 10903 

and the implementing regulations at 49 

CFR 1152.50. 

(xi) When an application or a petition 

for exemption for abandonment is filed, 

the Director will issue a notice of that 

filing pursuant to 49 CFR 1152.24(e)(2) 

and 49 CFR 1152.60, respectively. 

(xii) Whether to issue a notice of 

exemption under 49 U.S.C. 13541 for a 

transaction under 49 U.S.C. 14303 

within a motor passenger carrier 

corporate family that does not result in 

adverse changes in service levels, 

significant operational changes, or a 

change in the competitive balance with 

motor passenger carriers outside the 

corporate family. 

(xiii) Whether to issue rail modified 

certificates of public convenience and 

necessity under 49 CFR part 1150, 

subpart C. 

(xiv) Whether to waive the regulations 

at 49 CFR part 1152, subpart C, on 

appropriate petition. 

(xv) To reject applications, petitions 

for exemption, and verified notices 

(filed in class exemption proceedings) 

for noncompliance with the 

environmental rules at 49 CFR part 

1105. 


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(xvi) To reject applications by BNSF 

Railway Company to abandon rail lines 

in North Dakota exceeding the 350-mile 

cap of section 402 of Public Law 97– 

102, 95 Stat. 1465 (1981), as amended 

by The Department of Transportation 

and Related Agencies Appropriations 

Act, 1992, Public Law 102–143, section 

343 (Oct. 28, 1991). 

(b) Office of Public Assistance, 

Governmental Affairs, and Compliance. 

The Office of Public Assistance, 

Governmental Affairs, and Compliance 

is delegated the authority to: 

(1) Reject tariffs and railroad 

transportation contract summaries filed 

with the Board that violate applicable 

statutes, rules, or regulations. Any 

rejection of a tariff or contract summary 

may be by letter signed by or for the 

Director, Office of Public Assistance, 

Governmental Affairs, and Compliance. 

(2) * * * 

(3) Grant or withhold special tariff 

authority granting relief from the 

provisions of 49 CFR part 1312. Any 

grant or withholding of such relief may 

be by letter signed by or for the Director, 

Office of Public Assistance, 

Governmental Affairs, and Compliance. 

* * * * * 

PART 1012—MEETINGS OF THE 

BOARD 

■ 16. The authority citation for part 

1012 continues to read as follows: 

Authority: 5 U.S.C. 552b(g), 49 U.S.C. 701, 

721. 

■ 17. Amend § 1012.1 by revising 

paragraph (c) to read as follows: 

§ 1012.1 General provisions. 

* * * * * 

(c) These regulations are not intended 

to govern situations in which members 

of the Board consider individually and 

vote by notation upon matters which are 

circulated to them in writing. Copies of 

the votes or statements of position of all 

Board Members eligible to participate in 

action taken by notation voting will be 

made available, as soon as possible after 

the date upon which the action taken is 

made public or any decision or order 

adopted is served, in a public reading 

room or other easily accessible place 

within the Board, or upon written 

request to the Records Officer. 

■ 18. Amend § 1012.3 by revising 

paragraph (a) to read as follows: 

§ 1012.3 Public notice. 

(a) Unless a majority of the Board 

determines that such information is 

exempt from disclosure under the Act, 

public notice of the scheduling of a 

meeting will be given by filing a copy 

of the notice with the Clearance Clerk of 

the Board for posting and for service on 

all parties of record in any proceeding 

which is the subject of the meeting or 

any other person who has requested 

notice with respect to meetings of the 

Board, and by submitting a copy of the 

notice for publication in the Federal 

Register. 

* * * * * 

PART 1016—SPECIAL PROCEDURES 

GOVERNING THE RECOVERY OF 

EXPENSES BY PARTIES TO BOARD 

ADJUDICATORY PROCEEDINGS 

Subpart C—Procedures for 

Considering Applications 

■ 19. The authority citation for part 

1016 continues to read as follows: 

Authority: 5 U.S.C. 504(c)(1), 49 U.S.C. 

721. 

■ 20. Revise § 1016.311 to read as 

follows: 

§ 1016.311 General provisions. 

An applicant seeking payment of an 

award shall submit to the appropriate 

official of the paying agency a copy of 

the Board’s final decision granting the 

award, accompanied by a statement that 

the applicant will not seek review of the 

decision in the United States courts. 

Where the award is granted against the 

Surface Transportation Board the 

applicant shall make its submission to 

the Chief, Section of Financial Services, 

Surface Transportation Board, 

Washington, DC 20423–0001. The Board 

will pay the amount awarded to the 

applicant within 60 days of the 

applicant’s submission unless the 

judicial review of the award or of the 

underlying decision of the adversary 

adjudication has been sought by the 

applicant or any other party to the 

proceeding. 

PART 1100—GENERAL PROVISIONS 

■ 21. The authority citation for part 

1100 continues to read as follows: 

Authority: 49 U.S.C. 721. 

■ 22. Revise § 1100.4 to read as follows: 

§ 1100.4 Information and inquires. 

Persons with questions concerning 

these rules should either send a written 

inquiry addressed to the Director, Office 

of Public Assistance, Governmental 

Affairs, and Compliance, Surface 

Transportation Board or should 

telephone the Office of Public 

Assistance, Governmental Affairs, and 

Compliance. 

PART 1102—COMMUNICATIONS 

■ 23. The authority citation for part 

1102 continues to read as follows: 

Authority: 49 U.S.C. 721. 

■ 24. Amend § 1102.1 to read as follows: 

§ 1102.1 How Addressed. 

All communications should be 

addressed to the Chief, Section of 

Administration, Office of Proceedings, 

Surface Transportation Board, 

Washington, DC 20423–0001 unless 

otherwise specifically directed by 

another Board regulation. All 

communications should designate the 

docket number and title, if any. The 

person communicating shall state his 

address, and the party he represents. 

■ 25. Amend § 1102.2 by revising 

paragraph (e) to read as follows: 

§ 1102.2 Ex parte communications 

prohibited; penalties provided. 

* * * * * 

(e) Procedure required of Board 

members and employees upon receipt of 

ex parte communications concerning 

the merits of a proceeding. Any person 

who receives an ex parte 

communication concerning the merits of 

a proceeding must promptly transmit 

either the written communication, or a 

written summary of the oral 

communication with an outline of the 

surrounding circumstances to the Chief, 

Section of Administration, Office of 

Proceedings, Surface Transportation 

Board. The Section Chief shall place all 

of the material in the correspondence 

section of the public docket of the 

proceeding. A recipient of such ex parte 

communication, who has doubt as to the 

nature of the communication, may 

request a ruling on the question from 

the Board’s Designated Agency Ethics 

Official. The Designated Agency Ethics 

Official shall promptly reply to such 

requests. The Chief, Section of 

Administration, Office of Proceedings, 

shall promptly notify the Chairman of 

the Board of such ex parte 

communications sent to the Section 

Chief. The Designated Agency Ethics 

Official shall promptly notify the 

Chairman of all requests for rulings sent 

to the Designated Agency Ethics 

Official. The Chairman may require that 

any communication be placed in the 

correspondence section of the docket 

when fairness requires that it be made 

public, even if it is not a prohibited 

communication. The Chairman may 

direct the taking of such other action as 

may be appropriate under the 

circumstances. 

* * * * * 


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PART 1103—PRACTITIONERS 

■ 26. The authority citation for part 

1103 continues to read as follows: 

Authority: 21 U.S.C. 862; 49 U.S.C. 703(e), 

721. 

■ 27. Amend § 1103.3 by revising 

paragraphs (c)(1) and (j) to read as 

follows: 

§ 1103.3 Persons not attorneys-at-law— 

qualifications and requirements for practice 

before the Board. 

* * * * * 

(c)(1) Application for admission. An 

application filed pursuant to this rule 

under oath for admission to practice 

shall be submitted between January and 

May 1 of the year in which the 

examination is to be taken. The 

application is to be completed in full on 

the form provided by the Board, and 

shall be addressed to the Director, Office 

of Public Assistance, Governmental 

Affairs, and Compliance, Surface 

Transportation Board, Washington, DC 

20423–0001, to the attention of the room 

number indicated on the form. 

* * * * * 

(j) Examination results. Results will 

be released within 90 days after the 

examination. Individual results will be 

forwarded to the applicants at least 1 

week before being publicly released. To 

protect the privacy of those taking the 

examination, individual grades will not 

be released over the telephone to 

anyone. Requests for grades may, 

however, be submitted in writing to the 

Office of Public Assistance, 

Governmental Affairs, and Compliance 

to the attention of the address stated in 

the application form. 

* * * * * 

■ 28. Amend § 1103.4 by revising 

paragraph (d) to read as follows: 

§ 1103.4 Initial appearances. 

* * * * * 

(d) Filing a letter with the Chief, 

Section of Administration, Office of 

Proceedings, Surface Transportation 

Board stating that practitioner is 

authorized to represent a party. The 

party represented, their address, and the 

docket number of the proceeding must 

also be identified at the time of the 

initial appearance. 

PART 1104—FILING WITH THE 

BOARD—COPIES—VERIFICATION— 

SERVICE—PLEADINGS, GENERALLY 

■ 29. The authority citation for part 

1104 continues to read as follows: 

Authority: 5 U.S.C. 553 and 559; 18 U.S.C. 

1621; 21 U.S.C. 862; and 49 U.S.C. 721. 

■ 30. Amend § 1104.1 by revising 

paragraph (a) to read as follows: 

§ 1104.1 Address, identification, and 

electronic filing option. 

(a) Except as provided in § 1115.7, 

pleadings should be addressed to the 

‘‘Chief, Section of Administration, 

Office of Proceedings, Surface 

Transportation Board, Washington, DC 

20423–0001,’’ and should designate the 

docket number and title of the 

proceeding, if known. 

* * * * * 

PART 1105—PROCEDURES FOR 

IMPLEMENTATION OF 

ENVIRONMENTAL LAWS 

■ 31. The authority citation for part 

1105 continues 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. 

■ 32. Amend § 1105.12 by revising 

Appendix to § 1105.12—Sample 

Newspaper Notices to read as follows: 

§ 1105.12 Sample newspaper notices for 

abandonment exemption cases. 

* * * * * 

Appendix to § 1105.12—Sample 

Newspaper Notices 

Sample Local Newspaper Notice for Out-OfService Abandonment Exemptions 

Notice of Intent To Abandon or To 

Discontinue Rail Service 

(Name of railroad) gives notice that on or 

about (insert date notice of exemption will be 

filed with the Surface Transportation Board), 

it intends to file with the Surface 

Transportation Board, Washington, DC 

20423, a notice of exemption under 49 CFR 

1152 Subpart F—Exempt Abandonments 

permitting the (abandonment of or 

discontinuance of service on) allmile line 

of railroad between railroad milepost ll, 

near (station name), which traverses through 

United States Postal Service ZIP Codes (ZIP 

Codes) and railroad milepost ll, near 

(station name) which traverses through 

United States Postal Service ZIP Codes (ZIP 

Codes) inllCounty(ies), (State). The 

proceeding will be docketed as No. 

ABll(Sub-No.llX). 

The Board’s Section of Environmental 

Analysis (SEA) will generally prepare an 

Environmental Assessment (EA), which will 

normally be available 25 days after the filing 

of the notice of exemption. Comments on 

environmental and energy matters should be 

filed no later than 15 days after the EA 

becomes available to the public and will be 

addressed in a Board decision. Interested 

persons may obtain a copy of the EA or make 

inquiries regarding environmental matters by 

writing to the Section of Environmental 

Analysis (SEA), Surface Transportation 

Board, Washington, DC 20423 or by calling 

that office at [INSERT TELEPHONE 

NUMBER]. 

Appropriate offers of financial assistance to 

continue rail service can be filed with the 

Board. Requests for environmental 

conditions, public use conditions, or rail 

banking/trails use also can be filed with the 

Board. An original and 10 copies of any 

pleading that raises matters other than 

environmental issues (such as trails use, 

public use, and offers of financial assistance) 

must be filed directly with the Board’s 

Section of Administration, Office of 

Proceedings, 395 E Street, SW., Washington, 

DC 20423–0001 [See 49 CFR 1104.1(a) and 

1104.3(a)], and one copy must be served on 

applicants’ representative [See 49 CFR 

1104.12(a)]. Questions regarding offers of 

financial assistance, public use or trails use 

may be directed to the Board’s Office of 

Public Assistance, Governmental Affairs, and 

Compliance at [INSERT TELEPHONE 

NUMBER]. Copies of any comments or 

requests for conditions should be served on 

the applicant’s representative: (Name, 

address and phone number). 

Sample Local Newspaper Notice for 

Petitions for Abandonment Exemptions 

Notice of Intent To Abandon or To 

Discontinue Rail Service 

(Name of railroad) gives notice that on or 

about (insert date petition for abandonment 

exemption will be filed with the Surface 

Transportation Board) it intends to file with 

the Surface Transportation Board, 

Washington, DC 20423, a petition for 

exemption under 49 U.S.C. 10502 from the 

prior approval requirements of 49 U.S.C. 

10903, et seq., permitting the (abandonment 

of or discontinuance of service on) allmile 

line of railroad between railroad 

milepostlll, near (station name) which 

traverses through United States Postal 

Service ZIP Codes (ZIP Codes), and railroad 

milepostl, near (station name) which 

traverses through United States Postal 

Service ZIP Codes (ZIP Codes) 

inllCounty(ies), (State). The proceeding 

has been docketed as No. ABll(SubNo.llX). 

The Board’s Section of Environmental 

Analysis (SEA) will generally prepare an 

Environmental Assessment (EA), which will 

normally be available 60 days after the filing 

of the petition for abandonment exemption. 

Comments on environmental and energy 

matters should be filed no later than 30 days 

after the EA becomes available to the public 

and will be addressed in a Board decision. 

Interested persons may obtain a copy of the 

EA or make inquiries regarding 

environmental matters by writing to SEA, 

Surface Transportation Board, Washington, 

DC 20423 or by calling SEA at [INSERT 

TELEPHONE NUMBER]. 

Appropriate offers of financial assistance to 

continue rail service can be filed with the 

Board. Requests for environmental 

conditions, public use conditions, or rail 

banking/trails use also can be filed with the 

Board. An original and 10 copies of any 

pleading that raises matters other than 

environmental issues (such as trails use, 

public use, and offers of financial assistance) 

must be filed directly with the Board’s 


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Section of Administration, Office of 

Proceedings, 395 E Street, SW., Washington, 

DC 20423–0001 [See 49 CFR 1104.1(a) and 

1104.3(a)], and one copy must be served on 

applicants’ representative [See 49 CFR 

1104.12(a)]. Questions regarding offers of 

financial assistance, public use or trails use 

may be directed to the Board’s Office of 

Public Assistance, Governmental Affairs, and 

Compliance at [INSERT TELEPHONE 

NUMBER]. Copies of any comments or 

requests for conditions should be served on 

the applicant’s representative (name and 

address). 

PART 1109—USE OF ALTERNATIVE 

DISPUTE RESOLUTION IN BOARD 

PROCEEDINGS AND THOSE IN WHICH 

THE BOARD IS A PARTY 

■ 33. The authority citation for part 

1109 continues to read as follows: 

Authority: 5 U.S.C. 571 et seq. 

■ 34. Revise § 1109.1 to read as follows: 

§ 1109.1 Invoking ADR in Board 

proceedings. 

Any proceeding may be held in 

abeyance for 90 days while 

administrative dispute resolution (ADR) 

procedures (such as arbitration and 

mediation) are pursued. (Additional 90 

day periods can be requested.) The 

period while any proceeding is held in 

abeyance to facilitate ADR will not be 

counted towards the statutory 

deadlines. All parties are required to 

indicate their written consent for ADR 

treatment. Requests that a proceeding be 

held in abeyance while ADR procedures 

are pursued should be submitted to the 

Chief, Section of Administration, Office 

of Proceedings. The Director of the 

Office of Proceedings shall promptly 

issue an order in response to such 

requests. Unless arbitration or some 

other binding process involving a 

neutral has been undertaken, any party 

believing that ADR procedures are not 

yielding the intended results shall 

inform the Chief, Section of 

Administration, Office of Proceedings 

and all parties in writing, and normal 

agency procedures will be reactivated 

by the Director of the Office of 

Proceedings by notice served on all the 

parties. 

PART 1110—PROCEDURES 

GOVERNING INFORMAL 

RULEMAKING PROCEEDINGS 

■ 35. The authority citation for part 

1110 continues to read as follows: 

Authority: 49 U.S.C. 721. 

■ 36. Amend § 1110.2 by revising 

paragraph (c)(1) to read as follows: 

§ 1110.2 Opening of proceeding. 

* * * * * 

(c) * * * 

(1) Be submitted, along with 15 copies 

if possible, to the Chief, Section of 

Administration, Office of Proceedings, 

Surface Transportation Board, 

Washington, DC 20423–0001; 

* * * * * 

■ 37. Amend § 1110.3 by revising 

paragraph (d) to read as follows: 

§ 1110.3 Publication of notices. 

* * * * * 

(d) In addition to being published in 

the Federal Register, notices of 

proposed rulemaking and subsequent 

notices and decisions in rulemaking 

proceedings, will be served on the 

parties by the Office of Proceedings and 

made available to the public through the 

Office of Public Assistance, 

Governmental Affairs, and Compliance. 

To the extent possible, the date of 

service will be the same as the date of 

publication in the Federal Register. 

When the service and publication dates 

are not the same, the date of publication 

in the Federal Register is controlling for 

the purpose of determining time periods 

set by these procedures or by notices 

issued in individual proceedings. 

■ 38. Revise § 1110.7 to read as follows: 

§ 1110.7 Availability of dockets. 

Dockets of pending rulemaking 

proceedings are maintained in the 

Office of Proceedings. These dockets are 

available for inspection by any person, 

and copies may be obtained upon 

payment of the prescribed fee. 

■ 39. Revise § 1110.9 to read as follows: 

§ 1110.9 Petition for waiver. 

Any person may petition the Board 

for a permanent or temporary waiver of 

any rule. Petitions should be filed with 

the Chief, Section of Administration, 

Office of Proceedings, Surface 

Transportation Board, Washington, DC 

20423–0001, and should identify the 

rule involved. 

PART 1113—ORAL HEARING 

■ 40. The authority citation for part 

1113 continues to read as follows: 

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

■ 41. Amend § 1113.1 by revising 

paragraph (a) to read as follows: 

§ 1113.1 Scheduling hearings; continued 

hearings. 

(a) Assignment; service and posting of 

notice. In those proceedings in which an 

oral hearing is to be held, the Board will 

assign a time and place for hearing. 

Notice of hearings will be posted on the 

Board’s Web site, will be served upon 

the parties and such other persons as 

may be entitled to receive notice under 

the Act, and will be available for 

inspection at the Board’s office. 

* * * * * 

■ 42. Amend § 1113.2 by revising 

paragraphs (a) and (d) to read as follows: 

§ 1113.2 Subpoenas. 

(a) Issuance. A subpoena may be 

issued upon the direction of the Board 

on its own motion or upon request. A 

subpoena may be issued by the Board or 

by the officer presiding at a hearing and 

must be signed by the Director of the 

Office of Proceedings or a member of the 

Board. 

* * * * * 

(d) Return. If service of subpoena is 

made by a United States marshal or his 

deputy, service should be evidenced by 

his return on the subpoena. If made by 

any other person, such person shall 

make an affidavit stating the date, time 

and manner of service; and return such 

affidavit on, or with, the original 

subpoena in accordance with the form 

thereon. In case of failure to make 

service the reasons for the failure should 

be stated on the original subpoena. The 

written acceptance of service of a 

subpoena by the person subpoenaed 

will be sufficient without other 

evidence of return. The original 

subpoena bearing or accompanied by 

the required return, affidavit, statement, 

or acceptance of service, should be 

returned forthwith to the Chief, Section 

of Administration, Office of 

Proceedings, unless otherwise directed. 

* * * * * 

■ 43. Amend § 1113.17 by revising 

paragraph (c) to read as follows: 

§ 1113.17 Transcript of record. 

* * * * * 

(c) Objections to corrections. Parties 

disagreeing with corrections suggested 

pursuant to paragraph (b) of this section 

should file written objections in the 

same manner as suggested corrections 

are to be filed. Objections to suggested 

corrections should be filed not later 

than 15 days after the filing with the 

Board of suggested corrections. If no 

objections are timely filed, the Office of 

Proceedings shall make the suggested 

corrections to the transcript. If 

objections are timely filed, the officer 

who presided at the hearing shall 

determine the merits of the suggested 

correction and enter an appropriate 

decision in the proceeding. 

* * * * * 


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PART 1114—EVIDENCE; DISCOVERY 

■ 44. The authority citation for part 

1114 continues to read as follows: 

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

■ 45. Amend § 1114.24 by revising 

paragraph (h) to read as follows: 

§ 1114.24 Depositions; procedures. 

* * * * * 

(h) Return. The officer shall securely 

seal the deposition in an envelope 

endorsed with sufficient information to 

identify the proceeding and marked 

‘‘Deposition of (here insert name of 

witness)’’ and shall either personally 

deliver or promptly send the original 

and one copy of all exhibits by 

registered mail to the Office of 

Proceedings. A deposition to be offered 

in evidence must reach the Board not 

later than 5 days before the date it is to 

be so offered. 

* * * * * 

■ 46. Amend § 1114.31 by revising 

paragraph (a)(4) to read as follows: 

§ 1114.31 Failure to respond to discovery. 

(a) * * * 

(4) Ruling on motion to compel in 

stand-alone cost and simplified 

standards rate cases. Within 5 business 

days after a conference with the parties 

convened pursuant to paragraph (a)(3) 

of this section, the Director of the Office 

of Proceedings will issue a summary 

ruling on the motion to compel 

discovery. If no conference is convened, 

the Director of the Office of Proceedings 

will issue this summary ruling within 

10 days after the filing of the reply to 

the motion to compel. Appeals of a 

Director’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. 

* * * * * 

PART 1116—ORAL ARGUMENT 

BEFORE THE BOARD 

■ 47. The authority citation for part 

1116 continues to read as follows: 

Authority: 49 U.S.C. 721. 

■ 48. Amend § 1116.1 by revising 

paragraph (a) to read as follows: 

§ 1116.1 Requests. 

(a) Addressee. Requests for oral 

argument should be addressed to the 

Chief, Section of Administration, Office 

of Proceedings, Surface Transportation 

Board, Washington, DC 20423–0001. 

* * * * * 

PART 1118—PROCEDURES IN 

INFORMAL PROCEEDINGS BEFORE 

EMPLOYEE BOARDS 

■ 49. The authority citation for part 

1118 continues to read as follows: 

Authority: 49 U.S.C. 721. 

■ 50. Amend § 1118.3 by revising 

paragraph (d) to read as follows: 

§ 1118.3 Appeals. 

* * * * * 

(d) Where filed. Appeals and replies 

to appeals of decisions issued by 

employee boards must be filed with the 

Chief, Section of Administration, Office 

of Proceedings, Surface Transportation 

Board, 395 E St., SW., Washington, DC 

20423–0001. 

* * * * * 

PART 1132—PROTESTS REQUESTING 

SUSPENSION AND INVESTIGATION 

OF COLLECTIVE RATEMAKING 

ACTIONS 

■ 51. The authority citation for part 

1132 continues to read as follows: 

Authority: 49 U.S.C. 721, 13301(f), and 

13703. 

■ 52. Amend § 1132.1 by revising the 

section heading and paragraph (d) to 

read as follows: 

§ 1132.1 Protest against collective 

ratemaking actions. 

* * * * * 

(d) Copies; service. In connection with 

proceedings involving proposals subject 

to the special procedures in Ex Parte No. 

MC–82, New Procedures in Motor 

Carrier Rev. Proc. 339 I.C.C. 324, and set 

forth at 49 CFR part 1139, an original 

and 10 copies of every protest or reply 

filed under this section should be 

furnished for the use of the Board. 

Except as provided for proposals subject 

to the special procedures in Ex Parte No. 

MC–82, the original and 10 copies of 

each protest, or of each reply filed under 

this section, must be filed with the 

Board, and one copy simultaneously 

must be served upon the publishing 

carrier or collective ratemaking 

organization, and upon other persons 

known by protestant to be interested. 

These pleadings should be directed to 

the attention of the Chief, Section of 

Administration, Office of Proceedings, 

Surface Transportation Board. 

* * * * * 

PART 1139—PROCEDURES IN MOTOR 

CARRIER REVENUE PROCEEDINGS 

■ 53. The authority citation for part 

1132 continues to read as follows: 

Authority: 49 U.S.C. 721, 13703. 

■ 54. Revise § 1139.7 to read as follows: 

§ 1139.7 Service. 

The detailed information called for 

herein shall be in writing and shall be 

verified by a person or persons having 

knowledge thereof. The original and 10 

copies of each verified statement for the 

use of the Board shall be filed with the 

Chief, Section of Administration, Office 

of Proceedings, Surface Transportation 

Board, Washington, DC 20423–0001. A 

copy of each statement shall be mailed 

by first-class mail to each party of 

record in the last formal proceeding 

concerning a general rate increase in the 

affected area or territory. However, one 

copy of each statement shall be sent by 

express mail to any person undertaking 

to bear the cost. Written request for this 

expedited service must be made no less 

than 5 days before the statement is due 

to be filed with the Board. Otherwise, 

the service requirements of 49 CFR 

1104.12 should be observed. 

Information with respect to carrier 

affiliates may be served on the parties in 

summary form, if so desired. A copy of 

each statement shall be furnished to any 

interested person on request. 

■ 55. Revise § 1139.25 to read as 

follows: 

§ 1139.25 Service. 

The detailed information called for 

herein shall be in writing and shall be 

verified by a person or persons having 

knowledge thereof. The original and 16 

copies of each verified statement for the 

use of the Board shall be filed with the 

Chief, Section of Administration, Office 

of Proceedings, Surface Transportation 

Board, Washington, DC 20423–0001. 

One copy of each statement shall be sent 

first-class mail to each of the regional 

offices of the Board in the area affected 

by the proposed increase, where it will 

be open to public inspection. A copy of 

each statement shall be mailed by firstclass mail to each party of record in the 

last formal proceeding concerning a 

general increase in bus passenger fares 

in the affected area or territory. 

Otherwise, the service requirements of 

§ 1130.1 shall be observed. 

PART 1150—CERTIFICATE TO 

CONSTRUCT, ACQUIRE, OR OPERATE 

RAILROAD LINES 

■ 56. The authority citation for part 

1150 continues to read as follows: 

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

and 10902. 

■ 57. Amend § 1150.10 by revising 

paragraph (b) to read as follows: 

§ 1150.10 Procedures. 

* * * * * 


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(b) Filing procedures. The original 

and 10 copies of the application and all 

documents shall be filed with the Chief, 

Section of Administration, Office of 

Proceedings. A filing fee in the amount 

set forth in 49 CFR 1002.2(f) is required 

to file an application. Copies of 

documents shall be furnished promptly 

to interested parties upon request. The 

application shall include a stamped selfaddressed envelope to be used to notify 

applicant of the docket number. 

Additionally, if possible, telephonic 

communication of the docket number 

shall be made. 

* * * * * 

PART 1152—ABANDONMENT AND 

DISCONTINUANCE OF RAIL LINES 

AND RAIL TRANSPORTATION UNDER 

49 U.S.C. 10903 

■ 58. The authority citation for part 

1152 continues to read as follows: 

Authority: 11 U.S.C. 1170; 16 U.S.C. 

1247(d) and 1248; 45 U.S.C. 744; and 49 

U.S.C. 701 note (1995) (section 204 of the ICC 

Termination Act of 1995), 721(a), 10502, 

10903–10905, and 11161. 

■ 59. Amend § 1152.21 by revising the 

third paragraph of section (4)(vi) of the 

notice of intent to read as follows: 

§ 1152.21 Form of notice. 

* * * * * 

(4) * * * 

(vi) * * * 

* * * * * 

Written comments and protests, 

including all requests for public use and 

trail use conditions, should indicate the 

proceeding designation STB No. AB 

ll (Sub-No. ll) and must be filed 

with the Chief, Section of 

Administration, Office of Proceedings, 

Surface Transportation Board, 

Washington, DC 20423–0001, no later 

than (insert the date 45 days after the 

date applicant intends to file its 

application). Interested persons may file 

a written comment or protest with the 

Board to become a party to this 

abandonment (or discontinuance) 

proceeding. A copy of each written 

comment or protest shall be served 

upon the representative of the applicant 

(insert name, address, and phone 

number). The original and 10 copies of 

all comments or protests shall be filed 

with the Board with a certificate of 

service. Except as otherwise set forth in 

part 1152, each document filed with the 

Board must be served on all parties to 

the abandonment proceeding. 49 CFR 

1104.12(a). 

■ 60. Amend § 1152.22 by revising the 

third paragraph of section (iv) of the 

notice of application in paragraph (i) to 

read as follows: 

§ 1152.22 Contents of application. 

* * * * * 

(i) * * * 

(iv) * * * 

* * * * * 

Written comments and protests, 

including all requests for public use and 

trail use conditions, must indicate the 

proceeding designation STB No. AB 

ll (Sub-No. ll) and should be filed 

with the Chief, Section of 

Administration, Office of Proceedings, 

Surface Transportation Board (Board), 

Washington, DC 20423–0001, no later 

than (insert the date 45 days after the 

date applicant intends to file its 

application). Interested persons may file 

a written comment or protest with the 

Board to become a party to this 

abandonment (or discontinuance) 

proceeding. A copy of each written 

comment or protest shall be served 

upon the representative of the applicant 

(insert name, address, and phone 

number). The original and 10 copies of 

all comments or protests shall be filed 

with the Board with a certificate of 

service. Except as otherwise set forth in 

part 1152, every document filed with 

the Board must be served on all parties 

to the abandonment proceeding. 49 CFR 

1104.12(a). 

* * * * * 

■ 61. Amend § 1152.24 by revising 

paragraph (a) to read as follows: 

§ 1152.24 Filing and service of application. 

(a) An original and 10 copies of 

applications, typewritten or printed on 

paper approximately 81⁄2 inches by 11 

inches with 11⁄2 inch left margin, shall 

be filed with the Chief, Section of 

Administration, Office of Proceedings, 

Washington, DC 20423–0001. The 

original shall bear the date and 

signature and shall be complete in itself; 

the signature may be stamped or typed 

and the notarial seal may be omitted on 

the copies. A check, money order or 

payment by credit card payable to the 

Surface Transportation Board must also 

be submitted to cover the applicable 

filing fee. If the applicant carrier is in 

bankruptcy, the application shall also be 

filed on the bankruptcy court. 

* * * * * 

■ 62. Amend § 1152.25 by revising 

paragraphs (c)(1) and (e)(1)(iii) to read 

as follows: 

§ 1152.25 Participation in abandonment or 

discontinuance proceedings. 

* * * * * 

(c) Filing and service of written 

comments, protests, along with evidence 

and argument, and replies. (1) Written 

comments and protests, as well as 

public use and trail use requests, shall 

be filed with the Board (the Chief, 

Section of Administration, Office of 

Proceedings, Surface Transportation 

Board, Washington, DC 20423–0001) 

within 45 days of the filing with the 

Board of an abandonment or 

discontinuance application. 

* * * * * 

(e) * * * 

(1) * * * 

(iii) The applicability and 

administration of the Trails Act [16 

U.S.C. 1247(d)] in abandonment 

proceedings under 49 U.S.C. 10903 (and 

abandonment exemption proceedings), 

issued pursuant to delegations of 

authority at 49 CFR 1011.7(a)(2)(iv) and 

(v), will be acted on by the entire Board 

as set forth at 49 CFR 1011.2(a)(7). An 

original and 10 copies of all appeals, 

and replies to appeals, under this 

section must be filed with the Board. 

* * * * * 

■ 63. Amend § 1152.27 by revising 

paragraphs (c)(1)(i) introductory text, 

(c)(2)(ii), and (e) to read as follows: 

§ 1152.27 Financial assistance 

procedures. 

* * * * * 

(c) Submission of financial assistance 

offer—(1) Abandonment and 

discontinuance applications and 

petitions for exemption—(i) Service and 

filing. An offeror must serve its offer of 

assistance on the carrier owning and 

operating the line and all parties to the 

abandonment or discontinuance 

application or exemption proceeding. 

The offer must be filed concurrently 

with the Chief, Section of 

Administration, Office of Proceedings, 

Surface Transportation Board, 

Washington, DC 20423–0001. 

* * * * * 

(2) * * * 

(ii) Service and filing. An offeror must 

serve its offer of assistance on the carrier 

that instituted the exempt filing as well 

as all other parties to the proceeding. 

The offer must be filed concurrently 

with the Chief, Section of 

Administration, Office of Proceedings, 

Surface Transportation Board, 

Washington, DC 20423–0001. 

* * * * * 

(e) Review of offers—(1) 

Abandonment and discontinuance 

applications. The Board will review 

each offer submitted to determine if a 

financially responsible person has 

offered assistance. If that criterion is 

met, the Board will issue a decision 

postponing the effective date of the 

authorization for abandonment or 


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discontinuance. This decision will be 

issued within 15 days of the service of 

the decision granting the application (or 

within 5 days after the offer is filed if 

the time for filing has been tolled under 

paragraph (c)(1)(i)(C) of this section, or 

within 5 days after expiration of the 120 

day (4 month) period described in 49 

U.S.C. 10904, if that occurs first). Under 

the delegation of authority at 

§ 1011.7(a), the Director of the Office of 

Proceedings will make the initial 

determination whether offers of 

financial assistance satisfy the standards 

of 49 U.S.C. 10904(d) for purposes of 

instituting negotiations. Appeals of 

initial decisions determining whether 

offers of financial assistance satisfy the 

standards of 49 U.S.C. 10904(d) for 

purposes of instituting negotiations will 

be acted upon by the entire Board 

pursuant to 49 CFR 1011.2(a)(7). 

(2) Exemption proceedings. The Board 

will review each offer submitted to 

determine if a financially responsible 

person has offered assistance. If that 

criterion is met, the Board will postpone 

the effective date either of the decision 

granting a petition for individual 

exemption or the notice of exemption 

under the class exemption and partially 

revoke the exemption or (in the case of 

a class exemption) the notice of 

exemption to the extent it applies to 49 

U.S.C. 10904. The decision to postpone 

and partially revoke will be issued 

within 15 days of the service date of a 

decision granting a petition for 

exemption, or within 35 days of the 

Federal Register publication described 

in paragraph (b)(2)(ii) of this section (or 

within 5 days after the offer is filed if 

the time for filing has been tolled under 

paragraph (c)(1)(i)(C) or (c)(2)(ii) (C) or 

(D) of this section). Under the delegation 

of authority at section 1011.7(a), the 

Director of the Office of Proceedings 

will make the initial determination 

whether offers of financial assistance 

satisfy the standards of 49 U.S.C. 

10904(d) for purposes of partial 

revocation and institution of 

negotiations. Appeals of initial 

decisions determining whether offers of 

financial assistance satisfy the standards 

of 49 U.S.C. 10904(d) for purposes of 

partial revocation and institution of 

negotiations will be acted upon by the 

entire Board pursuant to 49 CFR 

1011.2(a)(7). 

* * * * * 

■ 64. Amend § 1152.29 by revising 

paragraph (e)(2) to read as follows: 

§ 1152.29 Prospective use of rights-of-way 

for interim trail use and rail banking. 

* * * * * 

(e) * * * 

(2) A railroad that receives authority 

from the Board to abandon a line (in a 

regulated abandonment proceeding 

under 49 U.S.C. 10903, or by individual 

or class exemption issued under 49 

U.S.C. 10502) shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line 

(e.g., discontinued operations, salvaged 

the track, canceled tariffs, and intends 

that the property be removed from the 

interstate rail network). The notice shall 

provide the name of the STB proceeding 

and its docket number, a brief 

description of the line, and a statement 

that the railroad has consummated, or 

fully exercised, the abandonment 

authority on a certain date. The notice 

shall be filed within 1 year of the 

service date of the decision permitting 

the abandonment (assuming that the 

railroad intends to consummate the 

abandonment). Notices will be deemed 

conclusive on the point of 

consummation if there are no legal or 

regulatory barriers to consummation 

(such as outstanding conditions, 

including Trails Act conditions). If, after 

1 year from the date of service of a 

decision permitting abandonment, 

consummation has not been effected by 

the railroad’s filing of a notice of 

consummation, and there are no legal or 

regulatory barriers to consummation, 

the authority to abandon will 

automatically expire. In that event, a 

new proceeding would have to be 

instituted if the railroad wants to 

abandon the line. Copies of the 

railroad’s notice of consummation shall 

be filed with the Chief, Section of 

Administration, Office of Proceedings. 

In addition, the notice of consummation 

shall be sent to the State Public Service 

Commission (or equivalent agency) of 

every state through which the line 

passes. If, however, any legal or 

regulatory barrier to consummation 

exists at the end of the 1-year time 

period, the notice of consummation 

must be filed not later than 60 days after 

satisfaction, expiration or removal of the 

legal or regulatory barrier. For good 

cause shown, a railroad may file a 

request for an extension of time to file 

a notice so long as it does so sufficiently 

in advance of the expiration of the 

deadline for notifying the Board of 

consummation to allow for timely 

processing. 

* * * * * 

PART 1177—RECORDATION OF 

DOCUMENTS 

■ 65. The authority citation for part 

1177 continues to read as follows: 

Authority: 49 U.S.C. 721, 11301. 

■ 66. Revise § 1177.2 to read as follows: 

§ 1177.2 To whom documents should be 

submitted for recordation. 

Documents to be recorded shall be 

submitted in person, via the Board’s 

website, or by mail addressed to the 

Chief, Section of Administration, Office 

of Proceedings, Surface Transportation 

Board, Washington, DC 20423–0001. All 

documents submitted by mail should 

clearly state ‘‘Documents for 

Recordation’’ on the envelope. 

■ 67. Amend § 1177.3 by revising 

paragraph (d) introductory text to read 

as follows: 

§ 1177.3 Requirements for submission. 

* * * * * 

(d) Be accompanied by a letter of 

transmittal requesting the recording of 

the document. For a sample of a letter, 

see § 1177.4. Documents submitted 

concurrently under the same 

recordation number may be included in 

a single transmittal letter. Otherwise, 

each document must have its own letter 

of transmittal. The letter should be 

addressed to the Chief, Section of 

Administration, Office of Proceedings 

and include the following information: 

* * * * * 

■ 68. Amend § 1177.4 by revising the 

first two sentences of paragraph (b) to 

read as follows: 

§ 1177.4 Sample forms. 

* * * * * 

(b) Sample Letter of Transmittal. 

[Chief, Section of Administration, 

Office of Proceedings’ Name] Chief, 

Section of Administration, Office of 

Proceedings, Surface Transportation 

Board, Washington, DC. 

Dear Section Chief: I have enclosed an 

original and one copy/counterpart of the 

document(s) described below, to be 

recorded pursuant to Section 11301 of 

Title 49 of the U.S. Code. 

* * * * * 

PART 1180—RAILROAD ACQUISITION, 

CONTROL, MERGER, 

CONSOLIDATION PROJECT, 

TRACKAGE RIGHTS, AND LEASE 

PROCEDURES 

■ 69. The authority citation for part 

1180 continues to read as follows: 

Authority: 5 U.S.C. 553 and 559; 11 U.S.C. 

1172; 49 U.S.C. 721, 10502, 11323–11325. 

■ 70. Amend § 1180.4 by revising 

paragraphs (c)(2)(ii), (c)(6)(iii), (g)(1) 

introductory text, and (g)(2)(i) to read as 

follows: 

§ 1180.4 Procedures. 

* * * * * 


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(c) * * * 

(2) * * * 

(ii) The application shall be filed with 

Chief, Section of Administration, Office 

of Proceedings, Surface Transportation 

Board, Washington, DC 20423–0001. 

* * * * * 

(6) * * * 

(iii) The Board’s Office of Proceedings 

will provide informal opinions and 

interpretations, which are not binding 

on the Board, regarding the format of or 

information to be included in the 

application. 

* * * * * 

(g) Notice of exemption. (1) To qualify 

for an exemption under section 

1180.2(d), a railroad must file a verified 

notice of the transaction with the Board 

at least 30 days before the transaction is 

consummated indicating the proposed 

consummation date. Before a notice is 

filed, the railroad shall obtain a docket 

number from the Board’s Section of 

Administration, Office of Proceedings. 

* * * * * 

(2)(i) To qualify for an exemption 

under section 1180.2(d)(7) (acquisition 

or renewal of trackage rights 

agreements), in addition to the notice, 

the railroad must file a caption 

summary suitable for publication in the 

Federal Register. The caption summary 

must be in the following form: 

Surface Transportation Board 

Notice of Exemption 

Finance Docket No. 

(1)—Trackage Rights—(2) 

(2) (3) to grant (4) trackage rights to (1) 

between (5). The trackage rights will be 

effective on (6). 

This notice is filed under section 

1180.2(d)(7). Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not stay the 

transaction. 

Dated: 

By the Board. 

[Insert name] 

Director, Office of Proceedings. 

The following key identifies the 

information symbolized in the 

summary. 

(1) Name of the tenant railroad. 

(2) Name of the landlord railroad. 

(3) If an agreement has been entered 

use ‘‘has agreed’’, but if an agreement 

has been reached but not entered use 

‘‘will agree.’’ 

(4) Indicate whether ‘‘overhead’’ or 

‘‘local’’ trackage rights are involved. 

(5) Describe the trackage rights. 

(6) State the date the trackage rights 

agreement is proposed to be 

consummated. 

(ii) To qualify for an exemption under 

section 1180.2(d)(8) (acquisition of 

temporary trackage rights), in addition 

to the notice, the railroad must file a 

caption summary suitable for 

publication in the Federal Register. The 

caption summary must be in the 

following form: 

Surface Transportation Board 

Notice of Exemption 

STB Finance Docket No. 

(1)—Temporary Trackage Rights—(2) 

(2)(3) to grant overhead temporary 

trackage rights to (1) between (4). The 

temporary trackage rights will be 

effective on (5). The authorization will 

expire on (6). 

This notice is filed under 

§ 1180.2(d)(8). Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not stay the 

transaction. 

Dated: 

By the Board. 

[Insert name] 

Director, Office of Proceedings. 

PARTS 1240–1259—REPORTS 

■ 71. Revise the note to parts 1240–1259 

to read as follows: 

Note: The report forms prescribed by parts 

1241–1259 are available upon request from 

the Office of Economics, Environmental 

Analysis, and Administration, Surface 

Transportation Board, Washington, DC 

20423–0001. 

PART 1241—ANNUAL, SPECIAL, OR 

PERIODIC REPORTS—CARRIERS 

SUBJECT TO PART I OF THE 

INTERSTATE COMMERCE ACT 

■ 72. The authority citation for part 

1241 continues to read as follows: 

Authority: 49 U.S.C. 11145. 

■ 73. Revise the note to part 1241 to 

read as follows: 

Note: The report forms prescribed by part 

1241 are available upon request from the 

Office of Economics, Environmental 

Analysis, and Administration, Surface 

Transportation Board, Washington, DC 

20423–0001. 

PART 1242—SEPARATION OF 

COMMON OPERATING EXPENSES 

BETWEEN FREIGHT SERVICE AND 

PASSENGER SERVICE FOR 

RAILROADS 

■ 74. The authority citation for part 

1242 continues to read as follows: 

Authority: 49 U.S.C. 721, 11142. 

■ 75. Revise the note to part 1242 to 

read as follows: 

Note: The report forms prescribed by part 

1242 are available upon request from the 

Office of Economics, Environmental 

Analysis, and Administration, Surface 

Transportation Board, Washington, DC 

20423–0001. 

PART 1243—QUARTERLY OPERATING 

REPORTS—RAILROADS 

■ 76. The authority citation for part 

1243 continues to read as follows: 

Authority: 49 U.S.C. 721, 11145. 

■ 77. Revise the note to part 1243 to 

read as follows: 

Note: The report forms prescribed by part 

1243 are available upon request from the 

Office of Economics, Environmental 

Analysis, and Administration, Surface 

Transportation Board, Washington, DC 

20423–0001. 

PART 1245—CLASSIFICATION OF 

RAILROAD EMPLOYEES; REPORTS 

OF SERVICE AND COMPENSATION 

■ 78. The authority citation for part 

1245 continues to read as follows: 

Authority: 49 U.S.C. 721, 11145. 

■ 79. Revise the note to part 1245 to 

read as follows: 

Note: The report forms prescribed by part 

1245 are available upon request from the 

Office of Economics, Environmental 

Analysis, and Administration, Surface 

Transportation Board, Washington, DC 

20423–0001. 

PART 1246—NUMBER OF RAILROAD 

EMPLOYEES 

■ 80. The authority citation for part 

1246 continues to read as follows: 

Authority: 49 U.S.C. 721, 11145. 

■ 81. Amend § 1246.1 by revising the 

note to read as follows: 

§ 1246.1 Monthly report of number of 

railroad employees. 

* * * * * 

Note: The report forms prescribed by parts 

1245 and 1246 are available upon request 

from the Office of Economics, Environmental 

Analysis, and Administration, Surface 

Transportation Board, Washington, DC 

20423–0001. 

PART 1248—FREIGHT COMMODITY 

STATISTICS 

■ 82. The authority citation for part 

1248 continues to read as follows: 

Authority: 49 U.S.C. 721, 11144 and 

11145. 

■ 83. Revise the note to part 1248 to 

read as follows: 


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Note: The report forms prescribed by part 

1248 are available upon request from the 

Economics, Environmental Analysis, and 

Administration, Surface Transportation 

Board, Washington, DC 20423–0001. 

PART 1253—RATE–MAKING 

ORGANIZATION; RECORDS AND 

REPORTS 

■ 84. The authority citation for part 

1253 continues to read as follows: 

Authority: 49 U.S.C. 721, 10706, 13703, 

11144, and 11145. 

■ 85. Revise the note to part 1253 to 

read as follows: 

Note: The report forms prescribed by part 

1253 are available upon request from the 

Office of Economics, Environmental 

Analysis, and Administration, Surface 

Transportation Board, Washington, DC 

20423–0001. 

■ 86. Amend § 1253.20 by revising 

paragraph (c) to read as follows: 

§ 1253.20 Other records. 

* * * * * 

(c) All rate bureaus are required to: 

(1) Advise the Board of any change in 

legal address by notifying the Chief, 

Section of Administration, Office of 

Proceedings; and 

(2) Submit information to the Board 

when requested. 

PARTS 1260–1269—VALUATION 

■ 87. Revise the note to parts 1260— 

1269 to read as follows: 

Note: The report forms prescribed by parts 

1260–1269 are available upon request from 

the Office of Economics, Environmental 

Analysis, and Administration, Surface 

Transportation Board, Washington, DC 

20423–0001. 

[FR Doc. E9–24674 Filed 10–14–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XS34 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish in 

the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

closure. 

SUMMARY: NMFS is opening directed 

fishing for northern rockfish in the 

Bering Sea and Aleutian Islands 

Management Area (BSAI). This action is 

necessary to fully use the 2009 total 

allowable catch (TAC) of northern 

rockfish in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 11, 2009, through 

1200 hrs, A.l.t., December 31, 2009. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 30, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by 0648–XS34, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments. Enter ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) file formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Patty Britza, 907–586–7376. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens 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 

northern rockfish in the BSAI under 

§ 679.20(d)(1)(iii) on January 1, 2009 (74 

FR 7359, February 17, 2009). 

As of October 7, 2009, NMFS has 

determined that approximately 4,794 

metric tons of northern rockfish remain 

unharvested in the BSAI. Therefore, in 

accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully 

utilize the 2009 TAC of northern 

rockfish in the BSAI, NMFS is 

terminating the previous closure and is 

opening directed fishing for northern 

rockfish in the BSAI. This will enhance 

the socioeconomic well-being of 

harvesters in this area. The 

Administrator, Alaska Region (Regional 

Administrator) considered the following 

factors in reaching this decision: (1) the 

current catch of northern rockfish in the 

BSAI and, (2) the harvest capacity and 

stated intent on future harvesting 

patterns of vessels in participating in 

this fishery. 

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) and 679.25(c)(1)(ii) as 

such 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 northern rockfish in the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of October 7, 2009. 

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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

northern rockfish in the BSAI to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until October 26, 2009. 

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. 


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