9714 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations

1The Board is scheduled to relocate its offices

over the weekend of March 15–16, 1997. Its new

address will be: Surface Transportation Board, 1925

K Street NW., Washington, DC 20423–0001. We

note that mail will not be received from March 13–

18, 1997 (mail delivery will resume thereafter at the

new location).

2 In Regulations Governing Fees For Services, 1

I.C.C.2d 60 (1984), two proceedings, Union PacificControl-Missouri Pacific; Western Pacific, 366 I.C.C.

459 (1982) (Union Pacific), and Norfolk Southern

Corp.-Control-Norfolk & W. Ry. Co., 366 I.C.C. 171

(1982) (Norfolk Southern), formed the basis for

computing the original fees for railroad

consolidation proceedings. Those cases did not

include nearly as many directly related proceedings

as UP–SP Merger. In the Norfolk Southern

proceeding, there were only eight directly related

transactions filed concurrently with the primary

application. They involved four construction and

operation transactions, two railroad abandonments,

one issuance of common stock, and one acquisition

of a motor carrier. The Union Pacific proceeding

included thirteen directly related transactions that

entailed five trackage rights requests, three poolings

of operations, three issuances of common stock, and

two motor carrier acquisitions.

3Subsequently, however, the Secretary of the

Board requested payment from the applicants of

filing fees for the 21 abandonment or

discontinuance of service proposals in UP–SP

Merger, and the applicants paid those fees.

consumers by the qualifying carrier in

such local exchange carrier’s telephone

exchange area.

(f) An incumbent local exchange

carrier subject to the requirements of

section 59.1 shall file with the State, or,

if the State has made no provision to

accept such filings, with the

Commission, for public inspection, any

tariffs, contracts, or other arrangements

showing the rates, terms, and conditions

under which such carrier is making

available public switched network

infrastructure, technology, information

and telecommunications facilities and

functions pursuant to this part.

§ 59.3 Information concerning deployment

of new services and equipment.

An incumbent local exchange carrier

subject to the requirements of section

59.1 that has entered into an

infrastructure sharing agreement under

section 59.1 shall provide to each party

to such agreement timely information

on the planned deployment of

telecommunications services and

equipment, including any software or

upgrades of software integral to the use

or operation of such

telecommunications equipment.

§ 59.4 Definition of ‘‘qualifying carrier’’.

For purposes of this part, the term

‘‘qualifying carrier’’ means a

telecommunications carrier that:

(a) Lacks economies of scale or scope;

and

(b) Offers telephone exchange service,

exchange access, and any other service

that is included in universal service, to

all consumers without preference

throughout the service area for which

such carrier has been designated as an

eligible telecommunications carrier

under section 214(e) of 47 U.S.C.

[FR Doc. 97–5177 Filed 3–3–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1002 and 1180

[STB Ex Parte No. 556]

Railroad Consolidation Procedures—

Modification of Fee Policy

AGENCY: Surface Transportation Board

(Board), DOT.

ACTION: Interim rules with a request for

comments.

SUMMARY: In this proceeding the Board

adopts interim rules relating to the fee

policy for proceedings involving major

railroad consolidations under the

Board’s regulations at 49 CFR part 1180

and corresponding modifications in the

Board’s fee regulations at part 1002. The

Board also adopts technical

amendments to conform part 1180 to the

ICC Termination Act of 1995.

DATES: Interim rules are effective on

March 4, 1997; comments must be filed

by April 3, 1997.

ADDRESSES: Send comments (an original

and 10 copies) referring to STB Ex Parte

No. 556 to: Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 1201 Constitution Avenue,

NW., Washington, DC 20423–0001.1

FOR FURTHER INFORMATION CONTACT:

Kathleen M. King, (202) 927–5249 or

David T. Groves, (202) 927–6395 [after

March 16, 1997, (202) 565–1551]. [TDD

for the hearing impaired: (202) 927–

5721. (after March 16, 1997, (202) 565–

1695).]

SUPPLEMENTARY INFORMATION: The

Independent Office Appropriation Act

of 1952, 31 U.S.C. 9701 (IOAA), is the

basis for user fees charged by federal

government agencies, including this

one. Under the IOAA, agencies are

required to ensure that ‘‘. . . each

service or thing of value provided by an

agency . . . to a person . . . is to be

self-sustaining to the extent possible.’’

31 U.S.C. 9701(a). Administrative

guidance for implementation of the

IOAA is provided in the Office of

Management and Budget Circular A–25

User Fees, as revised July 8, 1993

(Circular A–25). Circular A–25 states

that the general policy of the federal

government is as follows: ‘‘A reasonable

charge should be made to each

identifiable recipient for a measurable

unit or amount of Government service

or property from which he derives a

special benefit.’’

According to our current user fee

policy, the filer of a primary application

under our merger and consolidation

regulations at 49 CFR part 1180 is not

required to pay additional filing fees for

directly related proceedings that are

filed along with the primary

application. Recently, in Union Pacific

Corporation, et al.—Control and

Merger—Southern Pacific Rail

Corporation, et al., Finance Docket No.

32760 (UP–SP Merger), there were 30

directly related proceedings filed

concurrently with the application. Of

the 30 transactions, 21 were railroad

abandonment or discontinuance of

service applications, petitions for

exemption, and notices of exemption.2

The directly related proceedings in UP–

SP Merger engendered substantial

additional staff work, such as the

environmental review process that was

required for each abandonment or

discontinuance proceeding. Under our

current fee policy, no additional filing

fees were assessed for those proceedings

at the time of the their filing.3

The current railroad consolidation

fees understate the costs associated with

processing directly related proceedings

filed by the primary applicant(s).

Therefore, to ensure that the costs

associated with these directly related

proceedings are borne by the primary

applicant (the direct beneficiary of the

Board’s action), we are modifying our

fee policy to require a separate fee for

each and every directly related

application, petition and/or notice that

is filed with the primary application.

The fee for a directly related proceeding

will be the same as it would be if the

directly related application, petition

and/or notice were filed separately. For

example, if the directly related

proceeding involves a petition for

exemption for abandonment or

discontinuance of a rail line, the $3,800

fee currently set forth at fee item

(21)(iii), would be assessed for that

proceeding. Appropriate modifications

are being made at 49 CFR 1002.2(d) and

1180.4(c) to reflect this fee policy

change.

In addition, under the Board’s

existing fee policy regulations, the same

fee of $4,700 is applied to any type of

responsive application, including an

inconsistent application. This policy,

however, does not allow us to recover

the full cost of handling an inconsistent

application. The additional staff work

required to review and analyze an
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations 9715

inconsistent application is in most cases

comparable to the work expended to

process the primary application.

Consequently, we are adding the

regulations at 49 CFR 1180.4(d)(4)(ii) to

state that, for fee purposes, a responsive

application that is considered an

inconsistent application will be

classified as a major, significant, or

minor transaction under 49 CFR

1180.2(a)–(c), and the fee for an

inconsistent application will be based

on the classification of the transaction at

49 CFR 1002.2(f)(38)–(41). As an

example, under this new policy, an

inconsistent application classified as a

major transaction for a noncarrier to

acquire two or more carriers would

require a fee of $889,500, as currently

set forth in fee item (39)(i).

Our existing fee schedule applies a

$4,700 fee to all other types of

responsive applications that are filed in

railroad consolidation proceedings. The

Board’s costs for handling the various

types of transactions, ranging from

trackage rights requests to construction

applications, are not accurately reflected

by a single-set fee. Therefore, we are

modifying our fee policy as set forth at

49 CFR 1180.4(d)(4)(ii) to provide that

the fee for all other responsive

applications will be whatever fee is set

forth in our fee schedule for that

particular type of filing submitted as a

responsive application. For example, if

the responsive application is a petition

for exemption involving trackage rights,

the $5,600 fee currently set forth in fee

item (40)(vi) would be assessed for that

proceeding. We are retaining the general

$4,700 fee for responsive applications in

fee items (38)–(41)(v) to cover any type

of responsive application that does not

currently have a corresponding fee

elsewhere in the fee schedule.

In addition to the fee application

policy changes outlined above, we also

are making some technical changes to

part 1180. We are removing the

provision at 49 CFR 1180.4(d)(4)(ii) that

responsive applications that are not

major transactions are presumed to be

significant transactions because, under

current Board practice, responsive

applications may also be found to be

minor transactions. We also are revising

the statutory references contained in

part 1180 to reflect the statutory changes

resulting from the passage of the ICC

Termination Act of 1995, Pub. L. 104–

88 (Dec. 29, 1995) (ICCTA). And,

throughout part 1180, we are changing

references to the Interstate Commerce

Commission and Commission to the

Surface Transportation Board and

Board, respectively. Finally, we are

removing references in part 1180 to

transactions involving the issuance of

stock or the acquisition of control of

motor carriers, which are matters no

longer under the Board’s jurisdiction.

Because these fee policy changes

involve agency procedure, they are

exempt from the notice and comment

requirements of the Administrative

Procedure Act. See 5 U.S.C. 553(b)(A).

With respect to the fee policy changes,

we also find that notice and comment

are impracticable. See 5 U.S.C.

553(b)(B). The Board expects to receive

at least one major rail consolidation

application in the immediate future.

The application likely will include

directly related applications, and

generate responsive applications. Under

the IOAA, the Board is obligated to

ensure that services be self-sustaining to

the extent possible. Thus, our fees need

to be in place as soon as possible so that

appropriate fees are received for

services that will be rendered when the

application is filed. Other changes are

merely technical amendments to reflect

the new fee policy or to conform our

rules to the ICCTA. Therefore, we are

adopting these changes as interim rules.

However, we are providing an

opportunity for public comment on

these changes. After review of those

comments, we will consider whether

adjustments need to be made to this

new policy.

We conclude that the fee and other

changes adopted here will not have a

significant economic impact on a

substantial number of small entities.

Our regulations provide for waiver of

filing fees for those entities that can

make the required showing of financial

hardship.

This action will not significantly

affect either the quality of human

environment or the conservation of

energy resources.

Notice of the interim rules adopted

here will be transmitted to Congress

pursuant to Pub. L. 104–121 (Mar. 29,

1996).

List of Subjects

49 CFR Part 1002

Administrative practice and

procedure, Common carriers, Freedom

of information, User fees.

49 CFR Part 1180

Administrative practice and

procedure, Bankruptcy, Railroads,

Reporting and recordkeeping

requirements.

Decided: February 24, 1997.

By the Board, Chairman Morgan and

Commissioner Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, title 49, chapter X, parts 1002

and 1180, of the Code of Federal

Regulations are amended as follows:

PART 1002—FEES

1. 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(a).

2. Section 1002.2 is amended by

revising paragraphs (d)(1) and (f)(38)

through (f)(41) to read as follows:

§ 1002.2 Filing fees.

* * * * *

(d) Related or consolidated

proceedings. (1)(i) Except as provided

for in paragraph (d)(1)(ii) of this section,

separate fees need not be paid for

related applications filed by the same

applicant that would be the subject of

one proceeding.

(ii) In proceedings filed under the rail

consolidation procedures at 49 CFR part

1180, the applicable filing fee must be

paid for each proceeding submitted

concurrently with the primary

application. The fee for each type of

proceeding is set forth in the fee

schedule contained in paragraph (f) of

this section.

* * * * *

(f) Schedule of filing fees.

Fee

TYPE OF PROCEEDING

* * * * *

Part IV * * *

(38) An application or inconsistent application for two or more carriers to consolidate or merge their properties or franchises (or a

part thereof) into one corporation for ownership, management, and operation of the properties previously in separate ownership.

49 U.S.C. 11324:

(i) Major transaction .......................................................................................................................................................................... $889,500
9716 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations

Fee

(ii) Significant transaction ................................................................................................................................................................. 177,900

(iii) Minor transaction ........................................................................................................................................................................ 4,700

(iv) Notice of an exempt transaction under 49 CFR 1180.2(d) ........................................................................................................ 1,000

(v) Responsive application for which a fee is not otherwise provided in this schedule .................................................................. 4,700

(vi) Petition for exemption under 49 U.S.C. 10502 .......................................................................................................................... 5,600

(39) An application or inconsistent application of a noncarrier to acquire control of two or more carriers through ownership of stock

or otherwise. 49 U.S.C. 11324:

(i) Major transaction .......................................................................................................................................................................... 889,500

(ii) Significant transaction ................................................................................................................................................................. 177,900

(iii) Minor transaction ........................................................................................................................................................................ 4,700

(iv) A notice of an exempt transaction under 49 CFR 1180.2(d) ..................................................................................................... 850

(v) Responsive application for which a fee is not otherwise provided in this schedule .................................................................. 4,700

(vi) Petition for exemption under 49 U.S.C. 10502 .......................................................................................................................... 5,600

(40) An application or inconsistent application to acquire trackage rights over, joint ownership in, or joint use of any railroad lines

owned and operated by any other carrier and terminals incidental thereto. 49 U.S.C. 11324:

(i) Major transaction .......................................................................................................................................................................... 889,500

(ii) Significant transaction ................................................................................................................................................................. 177,900

(iii) Minor transaction ........................................................................................................................................................................ 4,700

(iv) Notice of an exempt transaction under 49 CFR 1180.2(d) ........................................................................................................ 750

(v) Responsive application for which a fee is not otherwise provided in this schedule .................................................................. 4,700

(vi) Petition for exemption under 49 U.S.C. 10502 .......................................................................................................................... 5,600

(41) An application or inconsistent application of a carrier or carriers to purchase, lease, or contract to operate the properties of

another, or to acquire control of another by purchase of stock or otherwise. 49 U.S.C. 11324:

(i) Major transaction .......................................................................................................................................................................... 889,500

(ii) Significant transaction ................................................................................................................................................................. 177,900

(iii) Minor transaction ........................................................................................................................................................................ 4,700

(iv) Notice of an exempt transaction under 49 CFR 1180.2(d) ........................................................................................................ 850

(v) Responsive application for which a fee is not otherwise provided in this schedule .................................................................. 4,700

(vi) Petition for exemption under 49 U.S.C. 10502 .......................................................................................................................... 3,900

* * * * *

PART 1180—RAILROAD ACQUISITION,

CONTROL, MERGER,

CONSOLIDATION PROJECT,

TRACKAGE RIGHTS, AND LEASE

PROCEDURES

3. The authority citation for part 1180

is revised 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.

§ 1180.0 [Amended]

4. Section 1180.0 is amended by

removing the words ‘‘49 U.S.C. 11343’’

and adding in its place the words ‘‘49

U.S.C. 11323’’, removing the word

‘‘Commission’’ and adding in its place

the word ‘‘Board’’ and removing the

words ‘‘Commission’s Rules’’ and

adding in their place the words ‘‘Board’s

Rules’’.

§ 1180.1 [Amended]

5. Section 1180.1 is amended as

follows:

a. In paragraph (a) remove the words

‘‘Interstate Commerce Commission’’ and

add in their place the words ‘‘Surface

Transportation Board’’ and remove the

word ‘‘Commission’’ wherever it

appears and add in its place the word

‘‘Board’’.

b. In the introductory text of

paragraph (b) remove the word

‘‘Commission’s’’ and add in its place the

word ‘‘Board’s’’, remove the words ‘‘49

U.S.C. 11344’’ and add in their place the

words ‘‘49 U.S.C. 11324’’ and remove

the words ‘‘49 U.S.C. 10101a’’ and add

in their place the words ‘‘49 U.S.C.

10101’’.

c. In the introductory text of

paragraph (b)(1) remove the words

‘‘Section 11344’’ and add in their place

‘‘Section 11324’’ and remove the word

‘‘Commission’’ wherever it appears and

add in its place the word ‘‘Board’’.

d. In paragraph (b)(2) remove the

word ‘‘Commission’’ and add in its

place the word ‘‘Board’’.

e. In paragraph (c) remove the word

‘‘Commission’’ wherever it appears in

that paragraph and add in its place the

word ‘‘Board’’ and remove the word

‘‘Commission’s’’ wherever it appears in

that paragraph and add in its place the

word ‘‘Board’s’’.

f. In paragraphs (d) and (e) remove the

word ‘‘Commission’’ wherever it

appears in those paragraphs and add in

its place the word ‘‘Board’’.

g. In paragraph (f) remove the word

‘‘Commission’’ wherever it appears in

that paragraph and add in its place the

word ‘‘Board’’ and remove the words

‘‘(49 U.S.C. 11347)’’ and add in their

place the words ‘‘(49 U.S.C. 11326)’’.

h. In paragraphs (g) and (h) remove

the word ‘‘Commission’’ wherever it

appears in those paragraphs and add in

its place the word ‘‘Board’’.

§ 1180.2 [Amended]

6. Section 1180.2 is amended as

follows:

a. In the introductory text of this

section remove the words ‘‘49 U.S.C.

11343’’ and add in their place the words

‘‘49 U.S.C. 11323’’.

b. In the introductory text of

paragraph (b) remove the words ‘‘49

U.S.C. 11345 (a)(2) and (c)’’ and add in

their place the words ‘‘49 U.S.C. 11325

(a)(2) and (c)’’.

c. In the introductory text of

paragraph (d) remove the word

‘‘Commission’’ and add in its place the

word ‘‘Board’’, remove the words ‘‘49

U.S.C. 10101a’’ and add in their place

the words ‘‘49 U.S.C. 10101’’, remove

the words ‘‘49 U.S.C. 10505’’ and add in

their place the words ‘‘49 U.S.C.

10502’’, remove the words ‘‘49 U.S.C.

10505(g)(2) and 11347’’ and add in their

place the words ‘‘49 U.S.C. 10502(g) and

11326’’.

d. In paragraphs (d)(1) and (d)(4)

remove the word ‘‘Commission’’

wherever it appears in those paragraphs

and add in its place the word ‘‘Board’’.

§ 1180.3 [Amended]

7. Section 1180.3 is amended as

follows:

a. In paragraphs (d) and (e) remove

the word ‘‘Commission’’ where it

appears in those paragraphs and add in

its place the word ‘‘Board’’.

b. In paragraph (f) remove the words

‘‘49 U.S.C. 11343’’ and add in their

place the words ‘‘49 U.S.C. 11323’’ and

remove the word ‘‘Commission’’ and

add in its place the word ‘‘Board’’.
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations 9717

c. In paragraph (g) remove the words

‘‘49 U.S.C. 10102(18)–(19)’’ and add in

their place the words ‘‘49 U.S.C.

10102(5)–(6)’’.

d. Section 1180.3 is further amended

by revising paragraph (h) to read as

follows:

§ 1180.3 Definitions.

* * * * *

(h) Responsive applications.

Applications filed in response to a

primary application are those seeking

affirmative relief either as a condition to

or in lieu of the approval of the primary

application. Responsive applications

include inconsistent applications,

inclusion applications, and any other

affirmative relief that requires an

application, petition, notice, or any

other filing to be submitted to the Board

(such as trackage rights, purchases,

constructions, operation, pooling,

terminal operations, abandonments, and

other types of proceedings not otherwise

covered). For fees for responsive

applications see 49 CFR 1002.2(f)(38)–

(41) and 1180.4(d)(4)(ii).

* * * * *

§ 1180.4 [Amended]

8. Section 1180.4 is amended as

follows:

a. In paragraphs (a)(3) and (a)(4) and

(b)(1) and (b)(2) remove the word

‘‘Commission’’ wherever it appears in

those paragraphs and add in its place

the word ‘‘Board’’.

b. In paragraph (c)(2)(ii) remove the

words ‘‘Interstate Commerce

Commission’’ and add in their place the

words ‘‘Surface Transportation Board’’.

c. In paragraphs (c)(2)(iv) and (c)(2)(v)

remove the word ‘‘Commission’’ and

add the word ‘‘Board’’ in its place.

d. In paragraph (c)(6)(iii) remove the

word ‘‘Commission’s’’ and add in its

place the word ‘‘Board’s’’ and in

paragraphs (c)(6)(iii) and (c)(6)(iv)

remove the word ‘‘Commission’’

wherever it appears in those paragraphs

and add in its place the word ‘‘Board’’.

e. In paragraph (c)(7)(i) remove the

word ‘‘Commission’’ wherever it

appears and add in its place the word

‘‘Board’’, remove the words ‘‘49 U.S.C.

11345(b)’’ and add in its place the

words ‘‘49 U.S.C. 11325(b)’’, remove the

words ‘‘49 U.S.C. 11345(c)’’ and add in

their place the words ‘‘49 U.S.C.

11325(c)’’ and remove the words ‘‘49

U.S.C. 11345(d)’’ and add in their place

the words ‘‘49 U.S.C. 11325(d)’’.

f. In paragraph (c)(7)(ii) remove the

word ‘‘Commission’’ wherever it

appears and add in its place the word

‘‘Board’’.

g. In paragraphs (d)(1)(ii)(D),

(d)(1)(iii)(G), (d)(1)(iii)(I)(3), (d)(2),

(d)(3), and (d)(4)(iii) remove the word

‘‘Commission’’ wherever it appears in

those paragraphs and add in its place

the word ‘‘Board’’.

h. In paragraphs (e)(1) and (e)(4)

remove the word ‘‘Commission’’

wherever it appears in those paragraphs

and add in its place the word ‘‘Board’’.

i. In paragraph (f)(1) remove the word

‘‘Commission’’ add in its place the word

‘‘Board’’.

j. In paragraph (g) remove the words

‘‘INTERSTATE COMMISSION’’ and add

in its place the words ‘‘SURFACE

TRANSPORTATION BOARD’’, and

remove the words ‘‘49 U.S.C. 10505(d)’’

wherever they appear and add in their

place the words ‘‘49 U.S.C. 10502(d)’’,

remove the word ‘‘Commission’’ and

add in its place the word ‘‘Board’’ and

remove the word ‘‘Commission’s’’

wherever its appears and add in its

place the word ‘‘Board’s’’.

k. In paragraph (h) remove the word

‘‘Commission’’ and add in its place the

word ‘‘Board’’ and remove the word

‘‘ICC’’ wherever it appears and add in

its place the word ‘‘STB’.

l. Paragraph (i) is removed.

m. Section 1180.4 is further amended

by revising paragraphs (c)(1), (c)(2)(vi)

and (d)(4)(ii) and (g)(1)(iii) to read as

follows:

§ 1180.4 Procedures.

* * * * *

(c) Application. (1) The fees for filing

applications, petitions, or notices under

these procedures are set forth in 49 CFR

1002.2.

(2) * * *

(i) * * *

(vi) Applicant shall file concurrently

all directly related applications, e.g.,

those seeking authority to construct or

abandon rail lines, obtain terminal

operations, acquire trackage rights, etc.

* * * * *

(d) * * *

(4) * * *

(ii) For filing fee purposes, a

responsive application that is an

inconsistent application will be

classified as a major, significant, or

minor transaction as provided for in

§ 1180.2(a)–(c). The fee for an

inconsistent application will be the fee

for the type of transaction involved. See

49 CFR 1002.2(f)(38)–(41). The fee for

any other types of responsive

applications is the fee for the particular

type of proceeding set forth in 49 CFR

1002.2(f).

* * * * *

(g) * * *

(1) * * *

(iii) Other exemptions that may be

relevant to a proposal under this

provision are codified at 49 CFR part

1150, subpart D, which governs

transactions under 49 U.S.C. 10901.

* * * * *

§ 1180.6 [Amended]

9. Section 1180.6 is amended as

follows:

a. In the introductory text of

paragraph (a) remove the words ‘‘49

U.S.C. 11343’’ and add in their place the

words ‘‘49 U.S.C. 11323’’.

b. In paragraph (a)(2)(vi) remove the

words ‘‘49 U.S.C. 11344’’ and add in

their place the words ‘‘49 U.S.C.

11324’’.

c. In paragraphs (a)(4) and (a)(6)

remove the word ‘‘Commission’’

wherever it appears in those paragraphs

and add in its place the word ‘‘Board’’.

d. In paragraph (a)(8) remove the

words ‘‘Commission’s Section of Energy

and Environment’’ and add in their

place the words ‘‘Board’s Section of

Environmental Analysis’’.

e. In paragraph (b)(6) remove the word

‘‘Commission’’ wherever it appears and

add in its place the word ‘‘Board’’.

§ 1180.7 [Amended]

10. Section 1180.7 is amended as

follows:

In the introductory text of this section

remove the words ‘‘(49 U.S.C. 11344 (b)

or (d),’’ and add in their place the words

‘‘(49 U.S.C. 11324 (b) or (d),’’ and

remove the word ‘‘Commission’’

wherever it appears and add in its place

the word ‘‘Board’’.

§ 1180.9 [Amended]

11. Section 1180.9 is amended as

follows:

In the introductory text of this section

remove the word ‘‘Commission’s’’ and

add in its place the word ‘‘Board’s’’ and

in paragraph (e) remove the word

‘‘Commission’’ wherever it appears and

add the word ‘‘Board’’.

§ 1180.20 [Amended]

12. Section 1180.20 is amended as

follows:

a. In paragraph (a)(2)(ii) remove the

words ‘‘49 U.S.C. 11343, et seq.’’ and

add in their place the words ‘‘49 U.S.C.

11323, et seq.’’.

b. In paragraphs (b), (c), and (d)

remove the word ‘‘Commission’’

wherever it appears in those paragraphs

and add in its place the word ‘‘Board’’

and in paragraph (c) remove the words

‘‘49 U.S.C. 11347’’ and add in its place

the words ‘‘49 U.S.C. 11326’’.

[FR Doc. 97–5149 Filed 3–3–97; 8:45 am]

BILLING CODE 4915–00–P