42852 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules 

1These status reports can both be accessed on the 

Board’s website at https://www.stb.gov/stb/about/ 

RRTF.html. 2The Board may revise its electronic payment 

processing system in the future as new payment 

methods become available. 3Pay.gov, https://www.pay.gov/public/home (last 

visited May 2, 2018.) 4For more information on Pay.gov’s methods of 

payment and limits on the maximum dollar 

amounts allowed for each method of payment, see 

https://www.pay.gov/WebHelp/HTML/about.html, 

and click on ‘‘About Payments.’’ 

5The Pay.gov website lists all agencies that accept 

payments on Pay.gov and provides a link for forms 

to make various payments. 

6The Board’s regulations at 49 CFR 1002.1(h) 

state that the Board also accepts ‘‘currency . . . in 

accordance with 49 CFR 1002.2(a)(3).’’ However, 

§ 1002.2(a)(3) provides that fees are to be paid by 

check or money order ‘‘payable in United States 

currency.’’ Therefore, to resolve this inconsistency, 

the Board proposes to remove ‘‘currency’’ from 

§ 1002.1 to conform to § 1002.2(a). 

7See 49 U.S.C. 11301(a) (requiring a security 

interest in ‘‘vessels, railroad cars, locomotives, or 

other rolling stock, or accessories used on such 

railroad cars, locomotives, or other rolling stock 

(including superstructures and racks), intended for 

a use related to interstate commerce’’ to be filed 

with the Board to perfect the security interest). 

SURFACE TRANSPORTATION BOARD 

49 CFR Parts 1002, 1012, 1104, 1110, 

1111, 1113, 1130, 1132, 1150, 1152, 

1155, 1182, 1244, 1312, and 1313 

[Docket No. EP 747] 

Payment, Filing, and Service 

Procedures 

AGENCY: Surface Transportation Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Surface Transportation 

Board (Board) proposes to modify its 

rules pertaining to certain payment, 

filing, and service procedures. Many of 

these rules are outdated and do not 

reflect current technology. As explained 

in this notice of proposed rulemaking 

(NPRM), the Board proposes updating 

its regulations relating to methods of 

payment, filing procedures, electronic 

service of Board decisions, and fees for 

copying, printing, and related services. 

The proposed updates are intended to 

promote increased use of electronic 

filing and payment systems and result 

in cost savings to both the Board and the 

public, while enhancing the 

accessibility of information relating to 

proceedings and functions of the Board. 

DATES: Comments are due by September 

24, 2018. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

format or in paper format. Any person 

using e-filing should attach a document 

and otherwise comply with the 

instructions found on the Board’s 

website at ‘‘www.stb.gov’’ at the ‘‘E– 

FILING’’ link. Any person submitting a 

filing in paper format should send an 

original and 10 paper copies of the filing 

to: Surface Transportation Board, Attn: 

Docket No. EP 747, 395 E Street SW, 

Washington, DC 20423–0001. Written 

comments and replies will be posted on 

the Board’s website and can also be 

obtained by contacting the Office of 

Public Assistance, Governmental 

Affairs, and Compliance (OPAGAC) at 

RCPA@stb.gov or (202) 245–0238. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Fancher, (202) 245–0355. 

Assistance for the hearing impaired is 

available through Federal Information 

Relay Service (FIRS) at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: The Board 

proposes to modify and update its rules 

pertaining to certain payment, filing, 

and service procedures. The Board 

proposes to update these rules pursuant 

to a recommendation of its Regulatory 

Reform Task Force (RRTF), which was 

established to comply with the spirit of 

Executive Order 13,777. The RRTF’s 

mission is to identify Board rules and 

practices that are burdensome, 

unnecessary, or outdated and to 

recommend how they should be 

addressed. See Regulatory Reform Task 

Force, EP 738 (STB served June 20, 

2017). In a status report issued in May 

2017, the RRTF identified the Board’s 

payment and filing procedures as a 

potential area for reform and, following 

stakeholder input, recommended in its 

November 2017 status report that the 

Board update procedural and filing 

rules that are in need of modernization.1

As explained further below, the Board 

proposes changes relating to methods of 

payment, filing procedures, electronic 

service of Board decisions, and fees for 

copying, printing, and related services. 

Methods of Payment. 

a. Filing Fees (Generally Applicable) 

Currently, the Board’s generally 

applicable regulation on filing fees 

provides that fees may be paid in one 

of the following manners: By billing 

account, check, money order, or credit 

card. 49 CFR 1002.2(a). That regulation 

further provides that, except as 

specified in section 1002.2, all filing 

fees are payable at the time and place 

that the document is tendered for filing. 

49 CFR 1002.2(a)(1). 

The Board proposes two 

modifications to its generally applicable 

filing fee regulation at 49 CFR 1002.2. 

First, the Board proposes to add an 

electronic payment option at 49 CFR 

1002.2(a). The electronic payment 

option would be a convenient and quick 

method for the payment of fees to the 

Board and would facilitate increased 

use of electronic filing (e-filing) as 

described below in the discussion of 

filing procedures. 

The Board would implement 

electronic payment through Pay.gov, a 

website operated by the Department of 

Treasury and used by many federal 

agencies.2 The Pay.gov service is a ‘‘fast 

way to make secure electronic 

payments’’ to various federal 

agencies.3 Pay.gov currently allows 

payment through the following four 

methods, all of which the Board would 

accept: Bank accounts, credit cards, 

debit cards with a MasterCard or Visa 

logo, and digital wallet.4 As discussed 

below in the section on filing 

procedures, parties filing pleadings 

electronically would be required to 

submit payments electronically, and all 

other filers would be encouraged to do 

so. A link to Pay.gov would be available 

on the Board’s website. In addition, the 

Pay.gov website would have a page for 

the Board, with links to make user fee 

payments.5 Once filers access the 

Board’s page on the Pay.gov website, 

specific instructions for processing 

payments would be provided. 

Second, the Board proposes to 

eliminate the options of using billing 

accounts and making payments by 

credit card directly to the Board, 

although, as noted, parties will still be 

able to make credit card payments using 

Pay.gov.6 Given the availability of 

electronic payments, billing accounts 

and payment by credit card directly to 

the Board are no longer necessary or 

efficient. These proposed changes 

would provide filers with a modern, 

efficient payment option, and, as 

described below, facilitate the increased 

use of electronic filing. In addition, the 

changes would ensure more timely 

payments of the Board’s various fees, 

would provide a more secure method of 

payment, and would simplify the 

Board’s accounting procedures. Under 

the proposed rules, those that have 

previously used accounts or paid by 

credit card directly to the Board would 

have the option of using the Board’s 

electronic payment option (described 

above) or any of the Board’s remaining 

payment methods (check or money 

order). 

b. Filing Fees for Recordations 

The Board currently accepts payments 

associated with recordations of security 

interests 7 in the same manner as noted 

above: By billing account, check, money 

order, or credit card. See 49 CFR 

1002.2(a) (filing fees for documents 

submitted for recording may be charged 

to accounts); see also 49 CFR 1177.3. 

The Board proposes to modify this 

practice and the language at section 


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8The Board would also update an obsolete 

address at 49 CFR 1312.4, as well as an obsolete 

address and telephone number at 49 CFR 1012.2(a) 

and § 1012.3(b)(5). The Board also proposes to 

remove obsolete language in 49 CFR 1132.1. 

9This decision does not propose to change how 

water carrier tariffs and contract summaries are 

currently submitted to the Board; rather, it would 

change only the available methods of payment. 

Persons who wish to pay the relevant fee using 

Pay.gov would, under this proposal, provide the 

transaction number (as described below in the 

section E-Filing) with their submission. 

10Procedures regarding filing and payment can be 

found on the Board’s website at www.stb.gov under 

the tab ‘‘E-Filing,’’ and also under the tab ‘‘Public 

Information’’ and then ‘‘Resources.’’ Under this 

proposal, the Board’s website would continue to 

contain relevant filing and payment information. 

11 In addition to pleadings, recordations are 

currently submitted via e-filing. See 49 CFR 1177.2 

(documents to be recorded may be submitted ‘‘via 

the Board’s website’’). 

12The Board’s regulations at 49 CFR 1104.3(a) 

require 10 copies, unless otherwise specifically 

directed by another Board regulation or notice in an 

individual proceeding. 

13The Board also proposes to clarify its 

regulations regarding fee waivers at 49 CFR 

1002.2(b), with the following language: If a filer 

requests a fee waiver but does not submit the 

appropriate fee, the filing is held for processing 

until a determination has been made on the fee 

waiver request. If the filer requests a fee waiver and 

submits the appropriate fee, the filing is accepted 

and the Board refunds the fee or a portion thereof 

if the fee waiver is ultimately granted. 

14See 49 CFR 1012.6(a); 1110.2; 1110.6; 1111.3; 

1111.4(c); 1113.7(e); 1113.13; 1130.1; 1130.2(f); 

1132.1(d); 1150.10; 1150.16; 1152.21; 1152.22(i); 

1152.24(a); 1152.25; 1155.23(c)(1)–(3); 1182.7(e)(2); 

1182.8(b); 1244.9(d)(3)(ii), (e)(2), (g)(3); 1312.4; 

1313.4; and 1313.10(a)(7), (a)(8)(v). 

1002.2(a) to be consistent with the 

proposed changes described above. 

Although recordations can already be 

submitted to the Board through e-filing, 

these proposed changes are necessary 

for the Board to eliminate entirely the 

options of billing accounts and credit 

cards in order to simplify the Board’s 

accounting procedures. As discussed 

below in the section on filing 

procedures, parties filing recordations 

electronically would be required to 

submit payments electronically; parties 

filing recordations in paper form would 

be encouraged to submit payments 

electronically as well. 

c. Filing Fees for Water Carrier Tariffs 

and Contract Summaries 

The Board’s regulations also establish 

the method of payment for filing water 

carrier tariffs and contract summaries. 

Specifically, the tariff or contract 

summary must be accompanied by the 

filing fee, the account number to be 

billed, or the credit card to be charged. 

49 CFR 1312.4(a)(2)(iii), section 

1313.4(a)(3)(iii); see also 49 CFR 

1002.2(a) (filing fees for tariffs and 

contract summaries may be charged to 

accounts); section 1002.2(b) (providing 

that the Board may reject a tariff filing 

filed without the fee if the filer 

repeatedly fails to submit the 

appropriate fee). 

The Board proposes to make changes 

to these regulations to correspond to the 

changes described above that are being 

proposed for section 1002.2. The 

proposed regulations would eliminate 

the option of and references to billing 

accounts and payment by credit card 

directly to the Board, and would add an 

option of electronic billing through 

Pay.gov.8 Although both water carrier 

tariffs and contract summaries are often 

already submitted electronically to the 

Board,9 these changes are necessary for 

the Board to eliminate entirely the 

options of billing accounts and credit 

cards in order to simplify the Board’s 

accounting procedures. 

Filing Procedures 

a. E-Filing 

The Board is also proposing changes 

to increase the use of e-filing. The 

Board’s current filing procedures for 

pleadings, found at 49 CFR 1104.1 and 

described in more detail on the Board’s 

website,10 prohibit e-filing in three 

circumstances: (1) Initial filings in a 

proceeding; (2) any filings (except 

recordations) 11 with associated fees; 

and (3) large filings in excess of 100 

megabytes. If paper filings are 

submitted, the original and 10 copies 

must generally be submitted to the 

Board,12 along with any required 

payment in the manner prescribed by 49 

CFR 1002.2. The first and second of 

these limitations exist to allow the 

Board to confirm payment before it 

accepts a filing, while the third 

limitation exists due to file size 

limitations in the Board’s e-filing 

program. 

Under the proposal, e-filing would be 

permitted for all pleadings and 

recordations (100 megabytes or less). 

The proposed rules at section 1002.2(a) 

would require that any fees associated 

with e-filings be paid electronically, 

allowing the Board to confirm payment 

via its electronic payment processer 

when it receives an e-filing. These 

modifications would eliminate the need 

to require paper filings for initial 

pleadings and fee-related pleadings that 

are e-filed. The proposed rules at 

section 1104.1 would also be revised to 

reflect that change, and would direct 

filers to the Board’s website for details 

regarding permissible formats, 

acceptable signature formats, and other 

information. However, the Board would 

continue to require that large filings in 

excess of 100 megabytes be filed in 

paper form at this time. The Board may 

also require alternative filing procedures 

in particular cases. 

To utilize e-filing, a filer would first 

pay any required fee via electronic 

payment on the Pay.gov website. Once 

the payment has been submitted, a 

confirmation email from Pay.gov would 

be sent containing a unique transaction 

number. The filer then would go to the 

Board’s e-filing website to submit a 

filing. Once the filer has logged in, there 

would be a field for the filer to enter the 

transaction number received from 

Pay.gov and, if applicable, note that a 

fee waiver is being requested.13 This 

transaction number would ensure that 

the Board can match the payment with 

the e-filing. If no payment is associated 

with the filing, the filer would check a 

box to indicate either that no fee is 

required or that a fee waiver has been 

requested. The filer must either enter 

the transaction number or check the box 

to complete submission of a filing. After 

the transaction number has been entered 

or the box has been checked, the filer 

would complete the form and attach the 

document for e-filing. Once the filing is 

submitted, a confirmation email would 

be sent to the filer, as is currently done. 

E-filing would not be mandatory, but 

parties making paper filings would be 

encouraged to also use the Board’s 

electronic payment processor. Paper 

filers using the electronic payment 

processing option should note the 

transaction number they receive from 

Pay.gov and provide it to the Board with 

their paper filing or when 

communicating with Board staff 

regarding payment of fees. 

Although many practitioners already 

make use of the Board’s e-filing system, 

these proposed changes are intended to 

promote increased use of e-filing and 

result in cost savings to both 

practitioners and the Board. 

b. Paper Filing 

Because the paper filing option would 

still be available, the Board also 

proposes to modify its requirements for 

paper filers to reduce the burden on 

those filers. The Board’s general 

provision on copies, found at 49 CFR 

1104.3(a), requires 10 copies of paper 

filings, unless otherwise specifically 

directed by another Board regulation. 

Various other provisions of the 

regulations require a different number of 

copies.14 The Board proposes to 

harmonize its rules by eliminating the 

requirements to file extra copies of 

paper filings. Instead, paper filers 

generally would be required to file only 

the original paper filing. However, the 

Board would reserve the right to direct 

filers (including those who e-file) to 

provide paper copies of filings when 


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15At this time, electronic versions would be 

accepted by email, compact disc, or USB flash 

drive. 

16The new procedures would not affect the 

Board’s rules regarding parties’ service of their 

filings on other parties. 

17The proposed exclusion for the first 100 pages 

under section 1002.1(d) would apply to all users. 

necessary. Because of the voluminous 

nature of filings in merger proceedings, 

the Board would keep the current 

requirement regarding the number of 

paper copies in those regulations (49 

CFR 1180.4). 

The Board also proposes to modify its 

regulations at 49 CFR 1104.3(b) which 

governs electronic submissions 

accompanying paper filings. First, the 

Board proposes to modify the 

regulations to eliminate the requirement 

that electronic versions of pleadings that 

are 20 or more pages be submitted on 

compact discs or 3.5-inch floppy 

diskettes. See 49 CFR 1104.3(b)(1), 

(b)(3), (b)(4). Instead, the proposed 

regulations would require such filings to 

be accompanied by electronic versions, 

and would direct filers to the Board’s 

website for information on how to 

provide those electronic versions.15

Such a change would allow the Board 

to more easily keep filing requirements 

consistent with evolving technology and 

software. For the same reason, the Board 

proposes to revise the outdated 

requirements at 49 CFR 1104.3(b)(2) 

regarding the submission of evidence or 

workpapers consisting of mathematical 

computations by directing filers to the 

Board’s website or the procedural orders 

in the case for instructions on the 

proper formatting for such evidence. 

Electronic Service (E-Service) of Board 

Decisions 

With the same objective of updating 

and streamlining Board procedures, the 

Board also proposes new procedures 

regarding service of decisions.16

Currently, the Board mails paper copies 

of its decisions to parties on the service 

list for each case, incurring costs for 

mailing and associated resources, and 

also delaying what could otherwise be 

more immediate notification to service 

list participants. Under the proposal, 

Board decisions would be served by 

email to those who consent to e-service, 

thereby streamlining the current 

process. It is anticipated that the Board 

would serve decisions by email 

immediately following posting of 

decisions on the Board’s website, 

allowing participants to receive more 

expeditious notification of decisions 

than with paper service. As discussed 

below, paper service of Board decisions 

would still be used for those parties 

who do not consent to e-service. 

Under this proposal, parties that 

provide an email address to the Board 

when making a filing would be deemed 

to have consented to e-service of 

decisions in one of two ways. First, a 

party making an e-filing in a proceeding 

would also be consenting to e-service in 

that proceeding. The email address(es) 

provided in the required field in the efiling form would be included on the 

service list on behalf of that party for the 

proceeding. This field in the e-filing 

form would allow an e-filer to enter 

multiple email addresses on behalf of 

that party as e-service recipients. 

Second, a party who makes a paper 

filing and includes an email address(es) 

on such filings would also be deemed to 

consent to e-service in the proceeding in 

which the filing was made unless the 

party opts out. The Board would send 

such paper filers a letter informing them 

that the email address(es) on the filing 

would be used on the service list unless 

the filer opts out, and verifying that the 

email address(es) provided is correct. 

The email addresses used by the 

Board for e-service would be listed on 

the public service list for each 

proceeding. Filers should be aware, 

however, that, at this time, consent for 

e-service would be proceeding-specific 

and not filer-specific. Thus, the 

inclusion of an email address on one 

service list would not mean that the 

email address will automatically appear 

on a service list for a different 

proceeding in which they are 

participating. 

The Board would continue to send 

paper copies of Board decisions as a 

backup to e-service during the early 

stages of e-service implementation. The 

Board expects that this transitional dual 

service period would last for up to three 

months after the effective date of any 

final rule. 

The Board would treat proceedings 

that are open at the time the rule 

becomes effective as follows. Email 

addresses that were previously provided 

by service list participants when filing 

(including when e-filing) would not 

automatically be used for e-service. 

However, consistent with the 

procedures explained above, after the 

effective date of this rule, a party’s email 

address would be added to the e-service 

list if the party: (1) Utilizes e-filing, or 

(2) does not opt out of e-service after 

making a paper filing that includes an 

email address. 

Fees for Copying, Printing, and Related 

Services 

The Board is proposing to update and 

clarify its fees for copying, printing, and 

related services found at 49 CFR 1002.1. 

These changes would reduce costs to 

the public, simplify the fees and 

associated accounting of such fees, and 

update obsolete or incorrect references. 

The proposed regulations would 

reduce the charge for copying and 

printing tariffs, reports, and other public 

documents at 49 CFR 1002.1(d) from 

$1.50 per letter or legal size exposure 

with a $7.50 minimum to $0.25 per 

letter or legal size exposure. There 

would be no charge for the first 100 

pages of copying or printing, which 

would be consistent with current 

Freedom of Information Act (FOIA) 

regulations at section 1002.1(g) that 

exclude charges for the first 100 pages 

for certain categories of users.17 The 

same reduced charge of $0.25 per page 

would also apply to copying and 

printing documents not considered 

public under FOIA at current 49 CFR 

1002.1(g)(7). 

In addition, the Board is proposing to 

eliminate current 49 CFR 1002.1(f) and 

(g)(8), governing search and copying 

services requiring computer processing, 

which are obsolete and outdated. 

Administrative Procedure Act and 

Regulatory Flexibility Act 

Because these proposed revisions 

relate to rules of agency organization, 

procedure, or practice, they are not 

subject to the provisions of the 

Administrative Procedure Act (APA) 

requiring notice and opportunity for 

public comment. See 5 U.S.C. 

553(b)(3)(A). Because the Board has 

determined that notice and comment are 

not required under the APA for this 

rulemaking, the requirements of the 

Regulatory Flexibility Act, as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996, 5 

U.S.C. 601–612, do not apply. 

Nevertheless, the Board has determined 

that it would be useful to publish these 

proposed rule changes for notice and 

comment before adoption. 

It is ordered: 

1. Comments are due by September 

24, 2018. 

2. Notice of this decision will be 

published in the Federal Register. 

3. This decision is effective on its date 

of service. 

List of Subjects 

49 CFR Part 1002 

Administrative practice and 

procedure, Common carriers, Freedom 

of information. 

49 CFR Part 1012 

Sunshine Act. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules 42855 

49 CFR Part 1104 

Administrative practice and 

procedure. 

49 CFR Part 1110 

Administrative practice and 

procedure. 

49 CFR Part 1111 

Administrative practice and 

procedure, Investigations. 

49 CFR Part 1113 

Administrative practice and 

procedure. 

49 CFR Part 1130 

Administrative practice and 

procedure. 

49 CFR Part 1132 

Administrative practice and 

procedure. 

49 CFR Part 1150 

Administrative practice and 

procedure, Railroads. 

49 CFR Part 1152 

Administrative practice and 

procedure, Railroads, Reporting and 

recordkeeping requirements, Uniform 

System of Accounts. 

49 CFR Part 1155 

Administrative practice and 

procedure, Railroads, Waste treatment 

and disposal. 

49 CFR Part 1182 

Administrative practice and 

procedure, Motor carriers. 

49 CFR Part 1244 

Freight, Railroads, Reporting and 

recordkeeping requirements. 

49 CFR Part 1312 

Freight forwarders, Maritime carriers, 

Motor carriers, Moving of household 

goods, Pipelines, Railroads. 

49 CFR Part 1313 

Administrative practice and 

procedure, Agricultural commodities, 

Forests and forest products, Railroads. 

Decided: August 20, 2018. 

By the Board, Board Member Begeman and 

Miller. 

Marline Simeon, 

Clearance Clerk. 

For the reasons set forth in the 

preamble, the Surface Transportation 

Board proposes to amend parts 1002, 

1012, 1104, 1110, 1111, 1113, 1130, 

1132, 1150, 1152, 1155, 1182, 1244, 

1312, and 1313 of title 49, chapter X, of 

the Code of Federal Regulations as 

follows: 

PART 1002—FEES 

■ 1. The authority citation for part 1002 

is revised to read as follows: 5 U.S.C. 

552(a)(4)(A), (a)(6)(B), and 553; 31 

U.S.C. 9701; and 49 U.S.C. 1321. 

Section 1002.1(f)(11) is also issued 

under 5 U.S.C. 5514 and 31 U.S.C. 3717. 

■ 2. Amend § 1002.1 as follows: 

■ a. Revise paragraph (d); 

■ b. Amend paragraph (e) by removing 

the words ‘‘Room 1200,’’; 

■ c. Remove paragraph (f), redesignate 

paragraphs (g) through (i) as paragraphs 

(f) through (h); 

■ d. Revise newly redesignated 

paragraph (f)(7); 

■ e. Remove newly redesignated 

paragraph (f)(8), redesignate paragraphs 

(f)(9) through (f)(14) as (f)(8) through 

(f)(13); and 

■ f. Revise newly redesignated 

paragraph (g); 

The revisions read as follows: 

§ 1002.1 Fees for records search, review, 

copying, certification, and related services. 

* * * * * 

(d) Copies or computer printouts of 

tariffs, reports, and other public 

documents, at the rate of $.25 per letter 

or legal size exposure, only after the first 

100 pages, with a minimum charge of 

$7.50. Copies of electronic records, 

audiovisual materials, or other forms of 

data are available at the actual cost of 

duplication or transcription. 

(f) * * * 

(7) The fee for copies or computer 

printouts shall be $.25 per letter or legal 

size exposure, with a minimum charge 

of $7.50. Copies of electronic records, 

audiovisual materials, or other forms of 

data are available at the actual cost of 

duplication or transcription. 

* * * * * 

(g) Fees for services described in 

paragraph (a) through (f) of this section 

may be paid by check, money order, or 

through the Board’s electronic payment 

system in accordance with 49 CFR 

1002.2(a)(2). 

* * * * * 

■ 3. Amend § 1002.2 as follows: 

■ a. Amend paragraph (a)(1) by 

removing the last sentence; 

■ b. Remove paragraph (a)(2); 

■ c. Redesignate paragraph (a)(3) as 

paragraph (a)(2); 

■ d. Revise newly redesignated 

paragraph (a)(2); and 

■ e. Revise paragraph (b); 

The revisions read as follows: 

§ 1002.2 Filing fees. 

* * * * * 

(a)(2) Filing fees for all e-filings must 

be paid on the Board’s electronic 

payment system found on the Board’s 

website. Filing fees for other filings may 

be paid by the electronic payment 

system, but will also be accepted 

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. 

(b) Any filing that is not accompanied 

by the appropriate filing fee or a request 

for waiver of the fee is deficient. If a filer 

requests a fee waiver but does not 

submit the appropriate fee, the filing is 

held for processing until a 

determination has been made on the fee 

waiver request. If the filer requests a fee 

waiver and submits the appropriate fee, 

the filing is accepted and the Board 

refunds the fee or a portion thereof if the 

fee waiver is ultimately granted. 

* * * * * 

PART 1012—MEETINGS OF THE 

BOARD 

■ 4. The authority citation for part 1012 

continues to read as follows: 5 U.S.C. 

552b(g), 49 U.S.C. 1301, 1321. 

§ 1012.2 [Amended] 

■ 5. In § 1012.2(a), remove the words 

‘‘located at 1925 K Street, NW, 

Washington, DC’’. 

§ 1012.3 [Amended] 

■ 6. In § 1012.3(b)(5), remove the 

sentence ‘‘Unless otherwise specified, 

that official will be the Board’s Public 

Information Officer, whose telephone 

number is (202) 275–7252.’’. 

■ 7. In § 1012.6, revise paragraph (a) to 

read as follows: 

§ 1012.6 Petitions seeking to open or close 

a meeting. 

(a) The Board will entertain petitions 

requesting either the opening of a 

meeting proposed to be closed to the 

public or the closing of a meeting 

proposed to be open to the public. In the 

case of a meeting of the Board, or a 

Division or committee of the Board, a 

petition shall be filed. 

* * * * * 

PART 1104—FILING WITH THE 

BOARD-COPIES-VERIFICATIONSERVICE-PLEADINGS, GENERALLY 

■ 8. The authority citation for part 1104 

continues to read as follows: 5 U.S.C. 

553 and 559; 18 U.S.C. 1621; and 49 

U.S.C. 1321. 

■ 9. In § 1104.1, revise paragraph (e) to 

read as follows: 

§ 1104.1 Address, identification, and 

electronic filing option. 

* * * * * 


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42856 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules 

(e) Unless otherwise directed by the 

Board, persons filing pleadings and 

documents with the Board have the 

option of electronically filing (e-filing) 

pleadings and documents instead of 

filing paper copies. Details regarding file 

size limitations, permissible formats, 

procedures to be followed, acceptable 

signature formats, and other pertinent 

information are available on the Board’s 

website, www.stb.gov. If the e-filing 

option is chosen, then the applicable 

requirements will be those specified on 

the Board’s website, and any 

requirements of 49 CFR part 1104 that 

specifically apply to filing of paper 

copies will not apply to the e-filed 

pleadings and documents (these 

requirements include, but are not 

limited to, stapling or binding 

specifications, signature ‘‘in ink,’’ etc.). 

Persons are not required to e-file and 

may continue to use the Board’s 

processes for filing paper copies. 

■ 10. Revise § 1104.3 to read as follows: 

§ 1104.3 Paper filings, electronic 

submissions, and copies. 

(a) The executed original of a paper 

pleading or document permitted or 

required to be filed under this 

subchapter, including correspondence, 

must be furnished for the use of the 

Board. Textual submissions of 20 or 

more pages must be accompanied by an 

electronic version. Details regarding 

electronic submissions, including 

evidence, workpapers, and other 

pertinent information are available on 

the Board’s website, www.stb.gov. 

(b) The Board may, at its discretion, 

request paper copies of a pleading, 

document, or paper filed or e-filed with 

the Board. Any such copies must be 

clear and legible. Appropriate notes or 

other indications shall be used so that 

matters shown in color on the original, 

but in black and white on the copies, 

will be accurately identified on all 

copies. 

PART 1110—PROCEDURES 

GOVERNING INFORMAL 

RULEMAKING PROCEEDINGS 

■ 11. The authority citation for part 

1110 continues to read as follows: 49 

U.S.C. 1321. 

■ 12. Amend § 1110.2 by revising 

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

§ 1110.2 Opening of proceeding. 

* * * * * 

(c) * * * 

(1) Be submitted to the Chief, Section 

of Administration, Office of 

Proceedings, Surface Transportation 

Board, Washington DC; 

* * * * * 

§ 1110.6 [Amended] 

■ 13. Amend § 1110.6(a) by removing 

the phrase ‘‘and one copy’’. 

PART 1111—COMPLAINT AND 

INVESTIGATION PROCEDURES 

■ 14. The authority citation for part 

1111 continues to read as follows: 49 

U.S.C. 10704, 11701, and 1321. 

■ 15. In § 1111.4, revise the sixth 

sentence and remove the seventh 

sentence to read as follows: 

§ 1111.4 [Amended] 

* * * The complaint should be filed 

with the Board together with an 

acknowledgment of service by the 

persons served or proof of service in the 

form of a statement of the date and 

manner of service, of the names of the 

persons served, and of the addresses to 

which the papers were mailed or at 

which they were delivered, certified by 

the person who made service. 

■ 16. Amend § 1111.5 by revising 

paragraph (c) to read as follows: 

§ 1111.5 Answers and cross complaints. 

* * * * * 

(c) Time for filing; copies; service. An 

answer must be filed with the Board 

within 20 days after the service of the 

complaint or within such additional 

time as the Board may provide. The 

defendant must serve copies of the 

answer upon the complainant and any 

other defendants. 

* * * * * 

PART 1113—ORAL HEARING 

■ 17. The authority citation for part 

1113 continues to read as follows: 5 

U.S.C. 559; 49 U.S.C. 1321. 

■ 18. Amend § 1113.7 by revising the 

first two sentences of paragraph (e) to 

read as follows: 

§ 1113.7 [Amended] 

* * * * * 

(e) Copies; service; replies. When a 

petition for leave to intervene is 

tendered at the hearing, sufficient 

copies of the petition must be provided 

for distribution to the parties 

represented at the hearing. When a 

petition for leave to intervene is not 

tendered at the hearing, the petition 

should be submitted to the Board 

together with a certificate that service 

has been made by petitioner. * * * 

* * * * * 

§ 1113.13 [Amended] 

■ 19. Amend § 1113.13 as follows: 

■ a. Revise the section heading; and 

■ b. Remove the last sentence of the 

paragraph; 

The revisions read as follows: 

§ 1113.13 Filing evidence subsequent to 

hearing. 

* * * * * 

PART 1130—INFORMAL COMPLAINTS 

■ 20. The authority citation for part 

1130 continues to read as follows: 49 

U.S.C. 1321, 13301(f), 14709. 

■ 21. Amend § 1130.1 by revising 

paragraph (a) to read as follows: 

§ 1130.1 When no damages sought. 

(a) Form and content. Informal 

complaint may be by letter or other 

writing filed with the Board and will be 

serially numbered as filed. The 

complaint must contain the essential 

elements of a formal complaint as 

specified at 49 CFR 1111.1(a) and may 

embrace supporting papers. 

* * * * * 

■ 22. Amend § 1130.2 by revising the 

last sentence of paragraph (f) to read as 

follows: 

§ 1130.2 When damages sought. 

* * * * * 

(f) * * * Any petition for 

reconsideration should be filed with the 

Board. 

* * * * * 

PART 1132—PROTESTS REQUESTING 

SUSPENSION AND INVESTIGATION 

OF COLLECTIVE RATEMAKING 

ACTIONS 

■ 23. The authority citation for part 

1132 continues to read as follows: 49 

U.S.C. 1321, 13301(f), and 13703. 

■ 24. Amend § 1132.1 as follows: 

■ a. Remove paragraph (c); 

■ b. Redesignate paragraphs (d) and (e) 

as (c) and (d); 

■ c. Revise newly designated paragraph 

(c); 

■ d. Remove the last sentence of newly 

designated paragraph (d); 

The revisions read as follows: 

§ 1132.1 Protest against collective ratemaking actions. 

* * * * * 

(c) Copies; service. Every protest or 

reply filed under this section should be 

directed to the attention of the Chief, 

Section of Administration, Office of 

Proceedings, Surface Transportation 

Board. One copy of each protest or reply 

filed under this section simultaneously 

must be served upon the publishing 

carrier or collective ratemaking 

organization, and upon other persons 

known by protestant to be interested. 

* * * * * 


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PART 1150—CERTIFICATE TO 

CONSTRUCT, ACQUIRE, OR OPERATE 

RAILROAD LINES 

■ 25. The authority citation for part 

1150 continues to read as follows: 49 

U.S.C. 1321(a), 10502, 10901, and 

10902. 

§ 1150.10 [Amended] 

■ 26. In § 1150.10: 

■ a. In paragraph (b), remove the words 

‘‘The original and 10 copies of the 

application’’ and add in their place ‘‘An 

application’’, and remove the words 

‘‘application shall include’’ and add in 

their place ‘‘application may include’’; 

and 

■ b. In paragraph (g), remove ‘‘(with 10 

copies)’’. 

§ 1150.16 [Amended] 

■ 27. In § 1150.16, remove the reference 

to ‘‘(plus three copies)’’. 

PART 1152—ABANDONMENT AND 

DISCONTINUANCE OF RAIL LINES 

AND RAIL TRANSPORTATION UNDER 

49 U.S.C. 10903 

■ 28. The authority citation for part 

1152 continues to read as follows: 11 

U.S.C. 1170; 16 U.S.C. 1247(d) and 

1248; 45 U.S.C. 744; and 49 U.S.C. 1301, 

1321(a), 10502, 10903–10905, and 

11161. 

§ 1152.21 [Amended] 

■ 29. In § 1152.21, in the paragraph 

beginning with, ‘‘Written comments and 

protests, including all requests. . .’’, 

remove the words ‘‘The original and 10 

copies of all comments or protests’’ and 

add in their place ‘‘Every comment or 

protest’’. 

§ 1152.22 [Amended] 

■ 30. In § 1152.22(i), in the paragraph 

beginning with, ‘‘Written comments and 

protests, including all requests. . .’’, 

remove the words ‘‘The original and 10 

copies of all comments or protests’’ and 

add in their place ‘‘Every comment or 

protest’’. 

■ 31. Amend § 1152.24 by revising 

paragraph (a) to read as follows: 

§ 1152.24 Filing and service of application. 

(a) The application shall be filed with 

the Chief, Section of Administration, 

Office of Proceedings, Washington, DC 

20423–0001. The application shall bear 

the date and signature and shall be 

complete in itself. The applicable filing 

fee must be paid by check, money order, 

or through the Board’s electronic 

payment system (see 49 CFR part 1002). 

If the applicant carrier is in bankruptcy, 

the application shall also be filed on the 

bankruptcy court. 

* * * * * 

■ 32. Amend § 1152.25 as follows: 

■ a. Remove paragraph (c)(2); 

■ b. Redesignate paragraphs (c)(3) to 

(c)(4) as paragraphs (c)(2) to (c)(3). 

■ c. Revise newly redesignated 

paragraph (c)(3); 

■ d. Revise paragraphs (e)(1)(iii), (4), (6), 

and (7)(i); 

The revisions read as follows: 

§ 1152.25 Participation in abandonment or 

discontinuance proceedings. 

(c) * * * 

(3) Replies or rebuttal to written 

comments and protests shall be filed 

and served by applicants no later than 

60 days after the filing of the 

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). Any 

appeals, and replies to appeals, under 

this section must be filed with the 

Board. 

* * * * * 

(4) Petitions to reopen 

administratively final actions. A person 

may file with the Board a petition to 

reopen any administratively final action 

of the Board. A petition to reopen shall 

state in detail the respects in which the 

proceeding involves material error, new 

evidence, or substantially changed 

circumstances. 

* * * * * 

(6) Petitions to vacate. In the event of 

procedural defects (such as the loss of 

a properly filed protest, the failure of 

the applicant to afford the public the 

requisite notice of its proposed 

abandonment, etc.), the Board will 

entertain petitions to vacate the 

abandonment or discontinuance 

authorization. Any petitions to vacate 

must be filed with the Board. 

(7) * * * 

(i) The filing of a petition to reopen 

shall not stay the effect of a prior action. 

Any petition to stay must be filed with 

the Board. 

* * * * * 

PART 1155—SOLID WASTE RAIL 

TRANSFER FACILITIES 

■ 33. The authority citation for part 

1155 continues to read as follows: 49 

U.S.C. 1321(a), 10908, 10909, 10910. 

§ 1155.23 [Amended] 

■ 34. In § 1155.23: 

■ a. In paragraph (c)(1), remove the 

sentence ‘‘An original and 10 copies of 

each comment shall be filed with the 

Board.’’; 

■ b. In paragraph (c)(2), remove the 

sentence ‘‘An original and 10 copies of 

such comments shall be filed with the 

Board.’’; and 

■ c. In paragraph (c)(3), remove the 

sentence ‘‘An original and 10 copies of 

such replies shall be filed with the 

Board.’’ 

PART 1182—PURCHASE, MERGER, 

AND CONTROL OF MOTOR 

PASSENGER CARRIERS 

■ 35. The authority citation for part 

1182 continues to read as follows: 5 

U.S.C. 559; 21 U.S.C. 862; and 49 U.S.C. 

13501, 13541(a), 13902(c), and 14303. 

§ 1182.7 [Amended] 

■ 36. In § 1182.7(e)(2), remove the 

words ‘‘The original and 10 copies of 

the’’ and add in their place ‘‘The’’. 

§ 1182.8 [Amended] 

■ 37. Amend § 1182.8(b) by removing 

paragraph (b) and redesignating 

paragraphs (c) to (f) as paragraphs (b) to 

(e). 

PART 1244—WAYBILL ANALYSIS OF 

TRANSPORTATION OF PROPERTY— 

RAILROADS 

■ 38. The authority citation for part 

1244 continues to read as follows: 

49 U.S.C. 1321, 10707, 11144, 11145. 

§ 1244.9 [Amended] 

■ 39. In § 1244.9: 

■ a. In paragraph (d)(3): 

■ i. In paragraph (i), insert the words 

‘‘with the Director, Office of Economics, 

Surface Transportation Board, 

Washington, DC’’ at the end of the 

sentence; 

■ ii. Remove paragraph (ii); and 

■ iii. Redesignate subparagraph (iii) as 

subparagraph (ii). 

■ b. In paragraph (e)(2), remove the 

words ‘‘An original and 2 copies of the’’ 

and add in their place ‘‘The’’. 

■ c. In paragraph (g)(3), remove the 

words ‘‘An original and three (3) copies 

of the’’ and add in their place ‘‘The’’. 

PART 1312—REGULATIONS FOR THE 

PUBLICATION, POSTING AND FILING 

OF TARIFFS FOR THE 

TRANSPORTATION OF PROPERTY BY 

OR WITH A WATER CARRIER IN 

NONCONTIGUOUS DOMESTIC TRADE 

■ 40. The authority citation for part 

1312 continues to read as follows: 49 

U.S.C. 1321(a), 13702(a), 13702(b) and 

13702(d). 


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42858 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules 

§ 1312.4 [Amended] 

■ 41. In § 1312.4: 

■ a. In paragraph (a)(1), remove ‘‘1925 K 

Street, NW,’’; 

■ b. In paragraph (a)(2)(iii), remove the 

words ‘‘enclosed, the account number to 

be billed, or the credit card to be 

charged;’’ and add in their place 

‘‘enclosed (pursuant to 49 CFR 

1002.2(a)); and’’; 

■ c. In paragraph (a)(2)(iv), remove the 

words ‘‘numbers; and’’ and add in their 

place ‘‘numbers.’’; and 

■ d. Remove paragraph (a)(2)(v). 

PART 1313—RAILROAD CONTRACTS 

FOR THE TRANSPORTATION OF 

AGRICULTURAL PRODUCTS 

■ 42. The authority citation for part 

1313 continues to read as follows: 49 

U.S.C. 1321(a) and 10709. 

■ 43. In § 1313.4, revise paragraphs 

(a)(3)(iii) and (iv), and remove 

paragraph (a)(3)(v), to read as follows: 

§ 1313.4 Filing procedures and formats for 

contract summaries. 

(a) * * * 

(3) * * * 

(iii) The filing fee enclosed (pursuant 

to 49 CFR 1002.2(a)); and 

(iv) The transmittal number if the filer 

utilizes transmittal numbers. 

* * * * * 

■ 44. In § 1313.10, revise paragraph 

(a)(7) and remove paragraph (a)(8)(v) to 

read as follows: 

§ 1313.10 Procedures for complaints and 

discovery. 

(a) * * * 

(7) Filings. If a complaint, petition, or 

reply is filed in paper, it must be filed 

with the Board in a package marked 

‘‘Confidential Rail Contract Material’’. If 

a complaint, petition, or reply is 

electronically filed, it must be 

designated as confidential in the Board’s 

e-filing system. 

* * * * * 

[FR Doc. 2018–18342 Filed 8–23–18; 8:45 am] 

BILLING CODE 4915–01–P 


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