Federal Register / Vol. 62, No. 181 / Thursday, September 18, 1997 / Rules and Regulations 48953

1We are also removing from § 1001.4 the

provision that certification of records shall be made

under seal, as this is not the only means of

certification used by the Board.

2The rules were not revised when the statute was

recodified in 1978, even though changes to

terminology had been made. For example, under

section 20(5) of the Interstate Commerce Act, ‘‘any

duly authorized special agent, accountant, or

examiner’’ could copy ‘‘accounts, books, records,

memoranda, correspondence, and other

documents.’’ The regulations in § 1000.5 use this

language. However, in the recodification of the

Interstate Commerce Act at former 49 U.S.C. 11144,

for the sake of clarity ‘‘an employee designated by

the Commission’’ was substituted for ‘‘any duly

authorized special agent, accountant, or examiner’’,

and, to comport with 5 U.S.C. 552(a) (the Freedom

of Information Act), ‘‘records’’ replaced ‘‘accounts,

books, records, memoranda, correspondence, and

other documents.’’ H. Rep. No. 1395, 95th Cong., 2d

Sess. 147 (1978).

3We note that part 1011, concerning delegations

of authority, contains a number of obsolete

provisions. We will soon be issuing a decision that

updates the remainder of part 1011.

2, 1997, it would publish a confirmation

notice in the Federal Register by

September 30, 1997, and if an adverse

comment was received, RSPA would

issue a notice to confirm that fact and

would withdraw the direct final rule in

whole or in part. The rule also stated

that RSPA might then incorporate the

adverse comment(s) into a subsequent

direct final rule or might publish a

notice of proposed rulemaking.

RSPA received three comments. All

commenters supported RSPA’s action

on mobile and temporary LNG facilities.

There were no adverse comments.

Therefore, this document confirms the

addition of § 193.2019 to part 193 in the

direct final rule, effective October 15,

1997.

Issued in Washington, DC, on September

15, 1997.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 97–24847 Filed 9–17–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1000, 1001, and 1011

[STB Ex Parte No. 568]

Modifications to the General

Provisions of the Board

AGENCY: Surface Transportation Board.

ACTION: Final rules.

SUMMARY: The Board revises its

regulations to reflect: the elimination of

certain functions; the closing of field

offices; nomenclature changes resulting

from the transfer of functions from the

Interstate Commerce Commission to the

Surface Transportation Board; and the

removal of unnecessary rules.

EFFECTIVE DATE: These rules are effective

September 18, 1997.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 565–1600. (TDD for

the hearing impaired: (202) 565–1695.)

SUPPLEMENTARY INFORMATION: The

Surface Transportation Board (Board or

STB) is revising parts 1000, 1001, and

1011 of its regulations to reflect changes

made by the ICC Termination Act of

1995, Pub. L. 104–88, 109 Stat. 803

(1995) (ICCTA). The ICCTA abolished

the Interstate Commerce Commission

(ICC) and transferred certain functions

to the Board. Some of the modifications

we are making are only nomenclature

revisions (changing Interstate Commerce

Commission to Surface Transportation

Board, for example). Other rules are

being changed to reflect substantive

revisions of the statute. Some rules are

being revised because the statutes upon

which they are based have been

eliminated. Other regulations are being

removed because they are of limited

utility or, even if updated, would

basically only repeat what is now in the

statute.

Part 1000

We are eliminating §§ 1000.1 and

1000.5. At this time, we are not making

any changes in § 1000.10, concerning

the availability of decisions not

published in the Federal Register. We

will issue soon a decision dealing

separately with the necessary revisions

to § 1000.10.

Section 1000.1 concerns the official

seal of the ICC. Former 49 U.S.C.

10301(g) provided that the ICC ‘‘shall

have a seal that shall be judicially

recognized.’’ Former 49 U.S.C. 10303(b)

stated in part that ‘‘(a) public

record * * * certified by the Secretary

under the seal of the (ICC) is competent

evidence in a proceeding of the

Commission and in a judicial

proceeding.’’ Under the ICCTA, these

references to the seal have been deleted:

the ICCTA eliminated former section

10303; and it revised former section

10301 (which is now codified at 49

U.S.C. 701), deleting any references to

the seal.

The Board has its own seal, which is

employed as one method of certifying

the index of the record and copies of

documents in the record. Because it is

not statutorily required, however, we do

not believe that it is necessary to

include the Board’s seal in the Code of

Federal Regulations. 1

Section 1000.5 describes the records

and property of carriers and other

persons that are subject to inspection

and examination by ‘‘special agents,

accountants, and examiners.’’ It lists the

employees who are considered special

agents, accountants, and examiners,

provides that the Chairman can

designate other employees, and contains

a facsimile of the ICC’s credentials.

The § 1000.5 regulations are based on

former section 20(5) of the Interstate

Commerce Act, later recodified at

former 49 U.S.C. 11144.2 The ICCTA

maintained these provisions in new 49

U.S.C. 11144, 14122, and 15721.

Retaining and updating these

regulations to reflect the new law is

unnecessary, because such rules would

simply repeat the provsions set forth in

the statute. We will amend 49 CFR

1011.5, however, which covers

delegations of authority to the

Chairman,3 to provide that the

Chairman of the Board shall specify in

writing the employees authorized to

inspect and copy records and to inspect

and examine lands, buildings, and

equipment pursuant to 49 U.S.C. 11144,

14122 , and 15721.

The ICC credentials shown in § 1000.5

are outdated, and we see no point in

codifying a facsimile of the Board’s

credentials. We do not believe that the

public would turn to the Code of

Federal Regulations to verify a Board

employee’s credentials. We believe that

rules are more appropriately used to

provide more meaningful guidance as to

Board procedures or Board policy

regarding substantive issues.

Part 1001

Part 1001 deals with two separate

matters: the availability and certification

of records (§§ 1001.1 to 1001.4); and

Freedom of Information Act (FOIA)

issues (§§ 1001.5 and 1001.6). The FOIA

sections were not substantively affected

by the ICCTA and, therefore, we are

simply changing ICC references to STB

references and making other minor

changes in those sections. We are also

changing the ICC references in the

records sections and updating retained

statutory references.

The ICCTA made other changes that

require modifying the rules. Section

1001.1(a) is being amended to reflect the

new tariff and contract summary filing

requirements and to recognize that

government quotations are no longer

filed at the Board. We are removing

§ 1001.1(c) (concerning reports, maps,

and profiles), which is based on

repealed 49 U.S.C. 10783. The language

of § 1001.1(d) is being simplified and

obsolete references are being deleted.

We are removing §§ 1001.2 and 1001.3,

because the field offices formerly
48954 Federal Register / Vol. 62, No. 181 / Thursday, September 18, 1997 / Rules and Regulations

4When the ICC issued the § 1000.5 regulations

(May 15, 1959 (24 FR 3957), it stated that, because

the rules were a clarification of regulations

concerning agency personnel, a rulemaking

proceeding pursuant to the Administrative

Procedure Act was unnecessary.

maintained by the ICC have been closed

and because the Board does not have

jurisdiction over international joint

ocean-motor through-rate movements.

Because these changes to the

regulations are technical, and do not

involve substantive revisions of our

rules, notice and comment are not

needed. Under 5 U.S.C. 553(b)(A), the

Administrative Procedure Act’s

requirements of notice and comment are

not applicable to ‘‘rules of agency

organization, procedure, or practice.’’ 4

The rules we are revising fall within

these categories.

Small Entities

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 largely pertain to agency

management, personnel, and procedure,

and should have no impact on small

entities.

Environment

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 1000

Administrative practice and

procedure, Conflict of interests, Seals

and insignia.

49 CFR Part 1001

Confidential business information,

Freedom of information.

49 CFR Part 1011

Administrative practice and

procedure, Authority delegation

(Government agencies), Organization

and functions (Government agencies).

Decided: September 9, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, parts 1000, 1001, and 1011 of

title 49, chapter X, of the Code of

Federal Regulations are amended as

follows:

PART 1000—THE BOARD

1. The authority citation for Part 1000

is revised to read as follows:

Authority: 5 U.S.C. 552.

2. The heading of part 1000 is revised

to read as set forth above.

3. The headings ‘‘Subpart A—

General’’ and §§ 1000.1 and 1000.5 are

removed.

4. Part 1001 is revised to read as

follows:

PART 1001—INSPECTION OF

RECORDS

Sec.

1001.1 Records available at the Board’s

office.

1001.2 Certified copies of records.

1001.3 Requests to inspect other records not

considered public under 5 U.S.C. 552.

1001.4 Predisclosure notification

procedures for confidential commercial

information.

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

49 U.S.C. 721.

§ 1001.1 Records available at the Board’s

office.

The following specific files and

records in the custody of the Secretary

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 5:00 p.m.,

Monday through Friday):

(a) Copies of tariffs and railroad

transportation contract summaries filed

with the Board pursuant to 49 U.S.C.

13702(b) and 10709(d), respectively.

(b) Annual and other periodic reports

filed with the Board pursuant to 49

U.S.C. 11145.

(c) All docket files, which include

documents of record in a proceeding.

(d) File and index of instruments or

documents recorded pursuant to 49

U.S.C 11301.

(e) STB Administrative Issuances.

§ 1001.2 Certified copies of records.

Copies of and extracts from public

records will be certified by the

Secretary. 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.

§ 1001.3 Requests to inspect other records

not considered public under 5 U.S.C. 552.

Requests to inspect records other than

those now deemed to be of a public

nature shall be in writing and addressed

to the Freedom of Information Officer

(Officer). The Officer shall determine

within 10 days of receipt of a request

(excepting Saturdays, Sundays, and

legal public holidays) whether a

requested record will be made available.

If the Officer determines that a request

cannot be honored, the Officer must

inform the requesting party in writing of

this decision and such letter shall

contain a detailed explanation of why

the requested material cannot be made

available and explain the requesting

party’s right of appeal. If the Officer

rules that such records cannot be made

available because they are exempt under

the provisions of 5 U.S.C. 552(b), an

appeal from such ruling may be

addressed to the Chairman. The

Chairman’s decision shall be

administratively final and state the

specific exemption(s) contained in 5

U.S.C. 552(b) relied upon for denial.

Such an appeal must be filed within 30

days of the date of the Freedom of

Information Officer’s letter. The

Chairman shall act in writing on such

appeals within 20 days (excepting

Saturdays, Sundays, and legal public

holidays) of receipt of any appeal. In

unusual circumstances, as set forth in 5

U.S.C. 552(a)(6)(B), the time limit may

be extended, by written notice to the

person making the particular request,

setting forth the reasons for such

extension, for no more than 10 working

days. If the appeal is denied, the

Chairman’s order shall notify the

requesting party of his or her right to

judicial review. Charges shall be made

as provided for in § 1002.1(f) of this

chapter.

§ 1001.4 Predisclosure notification

procedures for confidential commercial

information.

(a) In general. Confidential

commercial information provided to the

Interstate Commerce Commission or the

Board shall not be disclosed pursuant to

a Freedom of Information Act (FOIA)

request except in accordance with this

section. For such purposes, the

following definitions apply:

(1) Confidential commercial

information means records provided to

the government by a submitter that

arguably contain material exempt from

release under Exemption 4 of the

Freedom of Information Act, 5 U.S.C.

552(b)(4), because disclosure could

reasonably be expected to cause

substantial competitive harm.

(2) Submitter means any person or

entity who provides confidential

commercial information to the

government. The term ‘‘submitter’’

includes, but is not limited to,

corporations, state governments, and

foreign governments.

(b) Notice to submitters. Except as

provided in paragraph (g) of this

section, the Board, to the extent

permitted by law, shall provide a

submitter with prompt written notice, in

accordance with paragraph (c) of this
Federal Register / Vol. 62, No. 181 / Thursday, September 18, 1997 / Rules and Regulations 48955

section, of receipt of an FOIA request

encompassing its submissions. This

notice shall either describe the exact

nature of the information requested or

provide copies of the records

themselves.

(c) When notice is required. Notice

shall be given to a submitter whenever:

(1) The Board has reason to believe

that disclosure of the information could

reasonably be expected to cause

substantial competitive harm; or

(2) The information has been

designated, in good faith by the

submitter, as confidential commercial

information at the time of submission or

within a reasonable time thereafter.

Whenever possible, the submitter’s

claim of confidentiality shall be

supported by a statement or certification

by an officer or authorized

representative of the company that the

information in question is in fact

confidential commercial information

and has not been disclosed to the

public.

(d) Opportunity to object to

disclosure. (1) Through the notice

described in paragraph (b) of this

section, the Board shall afford a

submitter a reasonable period of time in

which to provide it with a detailed

statement of any objection to disclosure.

Such statement shall specify all grounds

for withholding the requested

information.

(2) When notice is given to a

submitter under this section, the Board

also shall notify the requester that it has

been provided.

(e) Notice of intent to disclose. (1) The

Board shall consider carefully a

submitter’s objections and specific

grounds for nondisclosure prior to its

determination whether or not to

disclose the requested information.

Whenever the Board decides to disclose

the information over a submitter’s

objection, it shall provide the submitter

with written notice containing the

following:

(i) A description or copy of the

information to be disclosed;

(ii) The reasons why the submitter’s

disclosure objections were not

sustained; and

(iii) A specific disclosure date, which

shall be a reasonable number of days

after the notice of intent to disclose has

been mailed to the submitter.

(2) At the same time that notice of

intent to disclose is given to a submitter,

the Board shall notify the requester

accordingly.

(f) Notice of lawsuit. (1) Whenever an

FOIA requester brings legal action

seeking to compel disclosure of

confidential commercial information,

the Board shall promptly notify the

submitter.

(2) Whenever a submitter brings legal

action seeking to prevent disclosure of

confidential commercial information,

the Board shall promptly notify the

requester.

(g) Exception to notice requirement.

The notice requirements of this section

shall not apply if:

(1) The Board determines that the

information requested should not be

disclosed; or

(2) The information already has been

published or otherwise officially made

available to the public; or

(3) Disclosure of the information is

required by law (other than 5 U.S.C.

552); or

(4) Disclosure is required by a Board

rule that:

(i) Was adopted pursuant to notice

and public comment;

(ii) Specifies narrow classes of records

submitted to the Board that are to be

released; and

(iii) Provides in exceptional

circumstances for notice when the

submitter provides written justification,

at the time the information is submitted

or within a reasonable time thereafter,

that disclosure of the information could

reasonably be expected to cause

substantial competitive harm; or

(5) The information requested was not

designated by the submitter as exempt

from disclosure, when the submitter had

an opportunity to do so at the time of

submission or within a reasonable time

thereafter, unless the Board has reason

to believe that disclosure of the

information could reasonably be

expected to cause substantial

competitive harm; or

(6) The designation made by the

submitter in accordance with these

regulations appears obviously frivolous;

in such case, the Board must provide

the submitter only with written notice

of any administrative disclosure

determination within a reasonable

number of days prior to the specified

disclosure date.

PART 1011—BOARD ORGANIZATION;

DELEGATIONS OF AUTHORITY

5. The authority citation for part 1104

is revised to read as follows:

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

and 49 U.S.C. 701, 721, 11144, 14122, and

15721.

6. The heading for part 1011 is revised

to read as set forth above.

7. Section 1011.5 is amended by

revising the heading and by adding a

new paragraph (a)(9) to read as follows:

§ 1011.5 Delegations to individual Board

Members.

(a) * * *

(9) Designation in writing of

employees authorized to inspect and

copy records and to inspect and

examine lands, buildings, and

equipment pursuant to 49 U.S.C. 11144,

14122, and 15721.

* * * * *

[FR Doc. 97–24820 Filed 9–17–97; 8:45 am]

BILLING CODE 4915–00–P