9738 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

SURFACE TRANSPORTATION BOARD 

Surface Transportation Board 

49 CFR Ch. X 

[STB Ex Parte No. 536 (Sub-No. 55)] 

Semiannual Regulatory Agenda 

AGENCY: Surface Transportation Board. 

ACTION: Semiannual Regulatory Agenda. 

SUMMARY: The Chairman of the Surface 

Transportation Board is publishing the 

Regulatory Flexibility Agenda for fall 

2023. 

FOR FURTHER INFORMATION CONTACT: A 

contact person is identified for each of 

the rules listed below. 

SUPPLEMENTARY INFORMATION: The 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601 et seq., sets forth several 

requirements for agency rulemaking. 

Among other things, the RFA requires 

that, semiannually, each agency shall 

publish in the Federal Register a 

Regulatory Flexibility Agenda, which 

shall contain: 

(1) A brief description of the subject 

area of any rule that the agency expects 

to propose or promulgate, which is 

likely to have a significant economic 

impact on a substantial number of small 

entities. 

(2) A summary of the nature of any 

such rule under consideration for each 

subject area listed in the agenda 

pursuant to paragraph (1), the objectives 

and legal basis for the issuance of the 

rule, and an approximate schedule for 

completing action on any rule for which 

the agency has issued a general notice 

of proposed rulemaking; and 

(3) The name and telephone number 

of an agency official knowledgeable 

about the items listed in paragraph (1). 

Accordingly, a list of proceedings 

appears below containing information 

about subject areas in which the Board 

is currently conducting rulemaking 

proceedings or may institute such 

proceedings soon. It also contains 

information about existing regulations 

being reviewed to determine whether to 

propose modifications through 

rulemaking. 

The agenda represents the Chairman’s 

best estimate of rules that may be 

considered over the next 12 months but 

does not necessarily reflect the views of 

any other individual Board Member. 

However, section 602(d) of the RFA, 5 

U.S.C. 602(d), provides: ‘‘Nothing in 

[section 602] precludes an agency from 

considering or acting on any matter not 

included in a Regulatory Flexibility 

Agenda or requires an agency to 

consider or act on any matter listed in 

such agenda.’’ 

The Chairman is publishing the 

agency’s Regulatory Flexibility Agenda 

for fall 2023 as part of the Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions (Unified Agenda). 

The Unified Agenda is coordinated by 

the Office of Management and Budget 

(OMB), pursuant to Executive Orders 

12866 and 13563. The Board is 

participating voluntarily in the program 

to assist OMB and has included 

rulemaking proceedings in the Unified 

Agenda beyond those required by the 

RFA. 

Dated: August 16, 2023. 

By the Board, Martin J. Oberman. 

Jeffrey Herzig, 

Clearance Clerk. 

SURFACE TRANSPORTATION BOARD—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

628 .................... Review of Commodity, Boxcar, and TOFC/COFC Exemptions, EP 704 (Sub-No. 1) .................................... 2140–AB29 

SURFACE TRANSPORTATION BOARD 

(STB) 

Long-Term Actions 

628. Review of Commodity, Boxcar, and 

TOFC/COFC Exemptions, EP 704 (SubNo. 1) [2140–AB29] 

Legal Authority: 49 U.S.C. 10502; 49 

U.S.C. 13301 

Abstract: The Board proposed to 

revoke the class exemptions for the rail 

transportation of: (1) crushed or broken 

stone or riprap; (2) hydraulic cement; 

and (3) coke produced from coal, 

primary iron or steel products, and iron 

or steel scrap, wastes, or tailings. On 

March 19, 2019, the Board issued a 

decision waiving the prohibition on ex 

parte communications in this 

proceeding and providing a 90-day 

period for meetings with Board 

members. By decision served September 

30, 2020 (published October 5, 2020), 

the Board invited public comment on a 

new approach its Office of Economics 

has developed for possible use in 

considering class exemption and 

revocation issues. Board staff held 

technical conferences on the proposed 

approach on December 18, 2020, and 

January 15, 2021. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/28/16 81 FR 17125 

NPRM Comment 

Period End.

07/26/16 

NPRM Reply 

Comment Period End.

08/26/16 

Request for Further Comment 

in Rulemaking 

Proceeding.

10/05/20 85 FR 62689 

Comment Period 

End.

01/29/21 

Reply Comment 

Period End.

03/01/21 

Action Date FR Cite 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Amy Ziehm, Branch 

Chief, Office of Proceedings, Surface 

Transportation Board, 395 E Street SW, 

Washington, DC 20423–0001, Phone: 

202 245–0391, Email: amy.ziehm@

stb.gov. 

Francis O’Connor, Acting Director, 

Office of Economics, Surface 

Transportation Board, 395 E Street SW, 

Washington, DC 20423–0001, Phone: 

202 245–0331, Email: francis.o’connor@

stb.gov. 

RIN: 2140–AB29 

[FR Doc. 2024–00470 Filed 2–8–24; 8:45 am] 

BILLING CODE 4915–01–P 


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