[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Proposed Rules]
[Pages 22035-22036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11011]



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INTERSTATE COMMERCE COMMISSION

49 CFR Part 1121

[Ex Parte No. 400 (Sub-No. 4)]


New Procedures in Rail Exemption Revocation Proceedings

AGENCY: Interstate Commerce Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Commission is requesting comments on a proposal by the 
Railway Labor Executives' Association and its affiliated labor 
organizations to establish procedural rules to govern the filing and 
processing of petitions to revoke exemptions.

DATES: Written comments are due on June 19, 1995.

ADDRESSES: Send an original and 10 copies of comments, referring to Ex 
Parte No. 400 (Sub-No. 4), to: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, 1201 Constitution Avenue NW., 
Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5610. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: By petition filed December 30, 1994, the 
Railway Labor Executives' Association and its affiliated labor 
organizations (RLEA)<SUP>1 ask that we establish formal procedural 
rules to govern petitions to revoke exemptions brought under 49 U.S.C. 
10505(d) or 49 CFR 1152.25(e). RLEA proposes a set of rules which, it 
asserts, provides the parties and the Commission with a specific 
procedure for filing and processing petitions to revoke exemptions. 
These rules would require, among other things, that a petition to 
revoke be filed to initiate a proceeding, containing a concise, plain 
statement of the grounds for revocation, as well as the relief sought. 
The rules would further require that respondent(s) reply within 15 
days, setting forth, among other things, a concise, plain statement of 
the reasons why the petition should not be granted. Discovery would 
commence with the [[Page 22036]] filing of the reply or upon expiration 
of 15 days after the filing of the petition to revoke (whichever is 
shorter), and would close within 105 days. Parties could proceed with 
depositions only by filing a petition with the Commission. All 
discovery and scheduling matters would be handled by an Administrative 
Law Judge. RLEA's proposed regulations also allow for the filing of 
briefs by petitioner and respondent and set a staggered schedule.<SUP>2 
Finally, the proposed procedural schedule calls for a Commission 
decision to be issued within 45 days from the filing of the reply 
brief, if there has been discovery, or within 30 days, if there has 
been no discovery.

    \1\The affiliated organizations include: American Train 
Dispatchers Department; International Brotherhood of Locomotive 
Engineers; Brotherhood of Locomotive Engineers; Brotherhood of 
Maintenance of Way Employees; Brotherhood of Railroad Signalmen; 
Hotel Employees and Restaurant Employees International Union; 
International Brotherhood of Boilermakers, Iron Ship Builders, 
Blacksmiths, Forgers and Helpers; International Brotherhood of 
Electrical Workers; International Brotherhood of Firemen and Oilers; 
and Sheet Metal Workers' International Association.
    \2\Petitioner's brief would be due 30 days after the close of 
discovery, or if there is no discovery, 15 days after the filing of 
the reply. Respondent's brief would be due 30 days after service of 
petitioner's brief or within 15 days if there is no discovery. 
Petitioner would be permitted to file a reply brief (not to exceed 
10 pages) within 10 days after service of the opposition brief.
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    We are now seeking public comments on this proposal by RLEA to 
amend 49 CFR 1121.4(i) to provide formal procedural rules for the 
filing and processing of a revocation petition.
    This action will not significantly affect either the quality of the 
human environment or conservation of energy resources.
    Because this is not a notice of proposed rulemaking within the 
meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
need not make, at this time, the small business impact examination 
required by that Act. Nevertheless, we welcome any comments regarding 
the small entities considerations embodied in that Act. If we decide to 
issue a notice of proposed rulemaking, we will conduct an appropriate 
Regulatory Flexibility Act examination at that time.

List of Subjects in 49 CFR Part 1121

    Rail exemption procedures.

    Authority: 49 U.S.C. 10326, 10505 and 5 U.S.C. 553.

    Decided: April 27, 1995.

    By the Commission, Chairman Morgan, Vice Chairman Owen, and 
Commissioners Simmons and McDonald.
Vernon A. Williams,
Secretary.
[FR Doc. 95-11011 Filed 5-3-95; 8:45 am]
BILLING CODE 7035-01-P