8848 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 

are similarly situated to KHTV–CD, the 

station in the same category that it 

already had accorded such protection. 

Because the Commission addressed the 

specific issue that was presented by the 

2014 Petitions, the suggestion that the 

Commission exercised ‘‘unbounded 

discretion’’ on reconsideration lacks 

merit. 

20. Finally, Petitioners complain that 

the Commission ‘‘[w]ithout any 

explanation’’ included WDYB–CD on 

the June 30, 2015 list of eligible stations 

although, like Petitioners, WDYB–CD’s 

current licensee, Latina, did not file an 

application for a license to cover a Class 

A facility until after February 22, 2012 

or advocate for protection of its station 

until after adoption of the Incentive 

Auction R&O. WDYB–CD was included 

on the June 30, 2015 list in light of our 

decision to protect stations that ‘‘hold a 

Class A license today and that had an 

application for a Class A construction 

permit pending or granted as of 

February 22, 2012.’’ Further 

examination of the record reveals, 

however, that WDYB–CD did not have 

an application for a Class A 

authorization pending or granted as of 

February 22, 2012. WDYB–CD’s prior 

licensee obtained a Class A construction 

permit prior to that date, but the permit 

expired in December 2011. Instead of 

constructing the Class A station, Latina 

filed an application for an LPTV 

construction permit for WDYB–CD in 

February 2011, which superseded the 

Class A construction permit. The LPTV 

application did not require a 

certification that WDYB–CD was and 

would continue to meet all of the full 

power and Class A regulatory 

requirements that are applicable to Class 

A stations. WDYB–CD was constructed 

and operated as an LPTV station until 

November 2012. Thus, Latina was not 

pursuing Class A status before the 

Commission as of February 22, 2012. 

21. We disagree with Latina that 

WDYB–CD properly was included in the 

eligible stations list simply because it 

had a Class A authorization prior to 

February 22, 2012, regardless of its 

status as of that date. Latina’s argument 

that our authority on reconsideration is 

limited to granting or denying the relief 

requested by Petitioners fails for the 

same reasons as Petitioners’ arguments 

regarding our authority to act on 

reconsideration. We also find 

unpersuasive Latina’s recent estoppel 

and notice arguments. Latina maintains 

that it relied on the standard the 

Commission announced in the Second 

Order on Reconsideration, its inclusion 

in eligibility notices beginning in June 

2015, and the Commission’s statements 

regarding WDYB–CD in litigation. 

Latina’s reliance on the Second Order 

on Reconsideration was misplaced: As 

Petitioners point out, the Commission 

specifically rejected Latina’s argument 

that it was entitled to protection because 

it was similarly situated to Petitioners, 

and Latina never argued that it was 

entitled to protection on any other basis 

until filing its 1/22 Ex Parte Letter. The 

eligibility notices that Latina cites 

emphasized that they were neither final 

nor intended to decide eligibility issues. 

For example, the June 9, 2015 public 

notice stated that it was ‘‘not intended 

to pre-judge [the] outcome’’ of pending 

reconsideration petitions regarding the 

scope of protection, a June 30, 2015 

public notice emphasized that ‘‘the list 

of stations included in the baseline data 

released today is not the final list of 

stations eligible for repacking 

protection,’’ and the most recent public 

notice listing eligible stations noted the 

possibility of revisions to the baseline 

data. Finally, before the D.C. Circuit, the 

Commission merely pointed out that, 

unlike Petitioners’ stations, Class A 

construction permits had been obtained 

for WDYB–CD prior to February 22, 

2012, without stating that this factual 

distinction entitled WDYB–CD to 

protection under the standard in the 

Second Order on Reconsideration. We 

therefore conclude that WDYB–CD is 

not entitled to discretionary repacking 

protection or eligible to participate in 

the reverse auction. 

22. In the Incentive Auction Report 

and Order, and again in the Second 

Reconsideration Order, the Commission 

determined that if a Class A station 

obtains a license after February 22, 

2012, but is displaced by the auction 

repacking process, it will be eligible to 

file for a new channel in one of the first 

two filing opportunities for alternate 

channels. WDYB–CD would be eligible 

to file such a displacement application. 

Previously, we delegated authority to 

the Media Bureau to determine whether 

such stations should be allowed to file 

during the first or the second filing 

opportunity. We now direct the Media 

Bureau to allow such stations to file 

during the first filing opportunity. In the 

event of mutual exclusivity with an 

application from a full power or Class 

A station entitled to repacking 

protection the application of the full 

power or Class A station will prevail. 

23. This document does not contain 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

24. The Commission will not send a 

copy of this Order pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A) because no rules are being 

adopted by the Commission. 

IV. Ordering Clauses 

25. It is ordered that, pursuant to 

section 405 of the Communications Act 

of 1934, as amended, 47 U.S.C. 405, and 

section 1.429 of the Commission’s rules, 

47 CFR 1.429, the Petition for 

Reconsideration filed by The 

Videohouse, Inc., Abacus Television, 

WMTM, LLC, and KMYA, LLC is 

dismissed and/or denied to the extent 

described herein. 

26. It is further ordered that WDYB– 

CD, Daytona Beach, Florida, which is 

licensed to Latina Broadcasters of 

Daytona Beach, LLC, is not entitled to 

discretionary repacking protection or 

eligible to participate in the reverse 

auction. 

27. It is further ordered that this Order 

on Reconsideration shall be effective 

upon release. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2016–03801 Filed 2–22–16; 8:45 am] 

BILLING CODE 6712–01–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Parts 1001, 1002, 1005, 1007, 

1011, 1012, 1013, 1014, 1016, 1017, 

1018, 1019, 1021, 1034, 1035, 1039, 

1090, 1101, 1102, 1103, 1104, 1105, 

1110, 1111, 1113, 1114, 1115, 1118, 

1139, 1144, 1146, 1150, 1151, 1152, 

1180, 1241, 1242, 1243, 1244, 1245, 

1246, 1247, 1248, and 1253 

[Docket No. EP 712] 

Improving Regulation and Regulatory 

Review 

AGENCY: Surface Transportation Board. 

ACTION: Final rules. 

SUMMARY: The Surface Transportation 

Board (Board) is revising, correcting, 

and updating its regulations. These 

modifications include replacing 

obsolete statutory references, updating 

office and address references, and 

correcting spelling, grammatical, 

terminology, explanatory, and 

typographical errors. The Board is also 

making changes to certain authority 

citations and to certain regulations 

related to reporting requirements. 

DATES: Effective March 25, 2016. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8849 

1We recognize that the recently enacted Surface 

Transportation Board Reauthorization Act of 2015, 

Pub. L. 114–110, recodifies provisions of title 49, 

United States Code. To the extent those provisions 

are referenced in our regulations, the Board will 

address those and other changes to the Code of 

Federal Regulations stemming from that Act at a 

later date. 

2These changes were proposed in Accelerating 

Reporting Requirements for Class I Railroads, EP 

701 (STB served July 8, 2015). 

FOR FURTHER INFORMATION CONTACT: 

Allison Davis: (202) 245–0378. Federal 

Information Relay Service (FIRS) for the 

hearing impaired: (800) 877–8339. 

SUPPLEMENTARY INFORMATION: In 

accordance with Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review,’’ and Executive Order 13579, 

‘‘Regulation and Independent 

Regulatory Agencies,’’ the Board began 

this proceeding on October 12, 2011, to 

review its existing regulations and 

sought public comments on whether 

any of its regulations may be outmoded, 

ineffective, insufficient, or excessively 

burdensome, and how to modify, 

streamline, expand, or repeal them, as 

appropriate. See Exec. Order No. 13563, 

76 FR 3821 (Jan. 21, 2011); Exec. Order 

No. 13579, 76 FR 41587 (Jul. 14, 2011). 

In this decision, we are revising, 

correcting, and updating our regulations 

in 49 CFR Chapter X, pursuant to the 

comments received and the Board’s own 

internal review of its regulations. 

The changes made by this decision 

generally fall into the following 

categories: Eliminating or changing 

obsolete agency/office titles (e.g., 49 

CFR 1007.6(a)(8)); making spelling, 

grammatical, terminology, explanatory, 

and typographical changes (e.g., 49 CFR 

1016.105(a)); correcting references to 

United States Code or Code of Federal 

Regulations sections that have been 

moved or are otherwise incorrect (e.g., 

49 CFR 1013.2(d), 49 CFR 1018.6(a)); 1

and amending rules of agency 

organization, procedure, or practice 

(e.g., 49 CFR 1011.7(a), 49 CFR 

1111.1(a)). Additionally, this decision 

makes certain nonsubstantive updates 

related to the Board’s reporting 

requirements, including adding the 

option of electronic submissions and 

eliminating language requiring the filing 

of duplicate copies (e.g., 49 CFR 

1243.1), and updating form titles (e.g., 

49 CFR 1245.2).2

Because these changes either remove 

obsolete regulations, make revisions that 

are not substantive, or update rules to 

reflect current agency practice, we find 

good cause to dispense with notice and 

comment under the Administrative 

Procedure Act (APA). 5 U.S.C. 

553(b)(3)(A) and (B). These changes are 

not intended to be a comprehensive 

response to the comments received in 

this docket; the Board will continue to 

evaluate those comments and review its 

regulations, and may promulgate 

additional revisions at a later date. 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, 5 U.S.C. 601–612, generally 

requires an agency to prepare a 

regulatory flexibility analysis of any rule 

subject to notice and comment 

rulemaking requirements, unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Because the Board has determined that 

notice and comment are not required 

under the APA for this rulemaking, the 

requirements of the RFA do not apply. 

These final rules do not contain a new 

or amended information collection 

requirement subject to the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3501– 

3549. 

It is ordered: 

1. The rule modifications set forth 

below are adopted as final rules. 

2. This decision is effective March 25, 

2016. 

List of Subjects 

49 CFR Part 1001 

Administrative practice and 

procedure, Confidential business 

information, Freedom of information. 

49 CFR Part 1002 

Administrative practice and 

procedure, Common carriers, Freedom 

of information. 

49 CFR Part 1005 

Claims, Freight, Investigations, 

Maritime carriers, Motor carriers, 

Railroads. 

49 CFR Part 1007 

Privacy. 

49 CFR Part 1011 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Organization 

and functions (Government agencies). 

49 CFR Part 1012 

Sunshine Act. 

49 CFR Part 1013 

Common carriers, Reporting and 

recordkeeping requirements, Securities, 

Trusts and trustees. 

49 CFR Part 1014 

Administrative practice and 

procedure, Civil rights, Equal 

employment opportunity, Federal 

buildings and facilities, Individuals 

with disabilities. 

49 CFR Part 1016 

Claims, Equal access to justice, 

Lawyers. 

49 CFR Part 1017 

Claims, Government employees, 

Wages. 

49 CFR Part 1018 

Claims, Income taxes. 

49 CFR Part 1019 

Conflict of interests. 

49 CFR Part 1021 

Claims. 

49 CFR Part 1034 

Railroads. 

49 CFR Part 1035 

Maritime carriers, Railroads. 

49 CFR Part 1039 

Agricultural commodities, Intermodal 

transportation, Railroads. 

49 CFR Part 1090 

Freight, Intermodal transportation, 

Maritime carriers, Motor carriers, 

Railroads. 

49 CFR Part 1101 

Administrative practice and 

procedure. 

49 CFR Part 1102 

Administrative practice and 

procedure. 

49 CFR Part 1103 

Administrative practice and 

procedure, Lawyers. 

49 CFR Part 1104 

Administrative practice and 

procedure. 

49 CFR Part 1105 

Environmental impact statements, 

Reporting and recordkeeping 

requirements. 

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 1114 

Administrative practice and 

procedure. 


asabaliauskas on DSK5VPTVN1PROD with RULES
8850 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 

49 CFR Part 1115 

Administrative practice and 

procedure. 

49 CFR Part 1118 

Administrative practice and 

procedure. 

49 CFR Part 1139 

Administrative practice and 

procedure, Buses, Freight, Motor 

carriers, Reporting and recordkeeping 

requirements. 

49 CFR Part 1144 

Railroads. 

49 CFR Part 1146 

Railroads. 

49 CFR Part 1150 

Administrative practice and 

procedure, Railroads. 

49 CFR Part 1151 

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 1180 

Administrative practice and 

procedure, Railroads, Reporting and 

recordkeeping requirements. 

49 CFR Part 1241 

Railroads, Reporting and 

recordkeeping requirements. 

49 CFR Part 1242 

Railroads, Taxes. 

49 CFR Part 1243 

Railroads, Reporting and 

recordkeeping requirements. 

49 CFR Part 1244 

Freight, Railroads, Reporting and 

recordkeeping requirements. 

49 CFR Part 1245 

Railroad employees, Reporting and 

recordkeeping requirements, Wages. 

49 CFR Part 1246 

Railroad employees, Reporting and 

recordkeeping requirements. 

49 CFR Part 1247 

Freight, Railroads, Reporting and 

recordkeeping requirements. 

49 CFR Part 1248 

Freight, Railroads, Reporting and 

recordkeeping requirements, Statistics. 

49 CFR Part 1253 

Freight forwarders, Maritime carriers, 

Motor carriers, Pipelines, Railroads, 

Reporting and recordkeeping 

requirements. 

Decided: February 11, 2016. 

By the Board, Chairman Elliott, Vice 

Chairman Miller, and Commissioner 

Begeman. Commissioner Begeman 

commented with a separate expression. 

Kenyatta Clay, 

Clearance Clerk. 

For the reasons set forth in the 

preamble, under the authority of 49 

U.S.C. 1321, title 49, chapter X, parts 

1001, 1002, 1005, 1007, 1011, 1012, 

1013, 1014, 1016, 1017, 1018, 1019, 

1021, 1034, 1035, 1039, 1090, 1101, 

1102, 1103, 1104, 1105, 1110, 1111, 

1113, 1114, 1115, 1118, 1139, 1144, 

1146, 1150, 1151, 1152, 1180, 1241, 

1242, 1243, 1244, 1245, 1246, 1247, 

1248, and 1253 of the Code of Federal 

Regulations are amended as follows: 

PART 1001—INSPECTION OF 

RECORDS 

■ 1. The authority citation for part 1001 

continues to read as follows: 

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

49 U.S.C. 721. 

§ 1001.3 [Amended] 

■ 2. In § 1001.3, remove the words 

‘‘within 10 days of receipt of a request’’ 

and add in their place the words 

‘‘within 20 days of receipt of a request’’. 

PART 1002—FEES 

■ 3. 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. Section 

1002.1(g)(11) is also issued under 5 U.S.C. 

5514 and 31 U.S.C. 3717. 

§ 1002.2 [Amended] 

■ 4. In § 1002.2(f)(78), add ‘‘($26 flat fee 

for electronic filing.)’’ following ‘‘($26 

min. charge.)’’ 

PART 1005—PRINCIPLES AND 

PRACTICES FOR THE INVESTIGATION 

AND VOLUNTARY DISPOSITION OF 

LOSS AND DAMAGE CLAIMS AND 

PROCESSING SALVAGE 

■ 5. The authority citation for Part 1005 

continues to read as follows: 

Authority: 49 U.S.C. 721, 11706, 14706, 

15906. 

■ 6. Revise § 1005.5 to read as follows: 

§ 1005.5 Disposition of claims. 

Each carrier subject to the Interstate 

Commerce Act which receives a written 

or electronically transmitted claim for 

loss or damage to baggage or for loss, 

damage, injury, or delay to property 

transported shall pay, decline, or make 

a firm compromise settlement offer in 

writing or electronically to the claimant 

within 120 days after receipt of the 

claim by the carrier; provided, however, 

that, if the claim cannot be processed 

and disposed of within 120 days after 

the receipt thereof, the carrier shall at 

that time and at the expiration of each 

succeeding 60-day period while the 

claim remains pending, advise the 

claimant in writing or electronically of 

the status of the claim and the reason for 

the delay in making the final disposition 

thereof, and it shall retain a copy of 

such advice to the claimant in its claim 

file thereon. 

PART 1007—RECORDS CONTAINING 

INFORMATION ABOUT INDIVIDUALS 

■ 7. The authority citation for Part 1007 

continues to read as follows: 

Authority: 5 U.S.C. 552, 49 U.S.C. 721. 

§ 1007.6 [Amended] 

■ 8. In § 1007.6: 

■ a. In paragraph (a)(8), remove the title 

‘‘National Archives of the United 

States’’ and add in its place ‘‘National 

Archives and Records Administration’’ 

and remove the title ‘‘Administrator of 

General Services’’ and add in its place 

‘‘Archivist of the United States’’. 

■ b. In paragraph (a)(11), remove the 

title ‘‘General Accounting Office’’ and 

add in its place ‘‘Government 

Accountability Office’’. 

PART 1011—BOARD ORGANIZATION; 

DELEGATIONS OF AUTHORITY 

■ 9. The authority citation for Part 1011 

continues to read as follows: 

Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 49 

U.S.C. 701, 721, 11123, 11124, 11144, 14122, 

and 15722. 

■ 10. Revise the first sentence of 

§ 1011.2(a)(7) to read as follows: 

§ 1011.2 The Board. 

(a) * * * 

(7) All appeals of initial decisions 

issued by the Director of the Office of 

Proceedings under the authority 

delegated by § 1011.7(a), and all appeals 

of initial decisions issued by the Office 

of Public Assistance, Governmental 

Affairs, and Compliance under the 

authority delegated by § 1011.7(b). 

* * * 

* * * * * 

§ 1011.4 [Amended] 

■ 11. In § 1011.4(a)(7), remove ‘‘section 

308 of the Regional Rail Reorganization 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8851 

Act of 1973’’ and add in its place 

‘‘section 308 of the Regional Rail 

Reorganization Act of 1973, 45 U.S.C. 

748,’’. 

§ 1011.6 [Amended] 

■ 12. In § 1011.6(h), remove ‘‘section 

308 of the Regional Rail Reorganization 

Act of 1973’’ and add in its place 

‘‘section 308 of the Regional Rail 

Reorganization Act of 1973, 45 U.S.C. 

748,’’. 

■ 13. In § 1011.7: 

■ a. Revise paragraph (a)(1). 

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

word ‘‘meditation’’ and add in its place 

the word ‘‘mediation’’. 

■ c. Add paragraph (b)(6). 

The revision and addition read as 

follows: 

§ 1011.7 Delegations of authority by the 

Board to specific offices of the Board. 

(a) Office of Proceedings. (1) The 

Director of the Office of Proceedings is 

delegated the authority to determine (in 

consultation with involved Offices) 

whether to waive filing fees set forth at 

49 CFR 1002.2(f). 

* * * * * 

(b) * * * 

(6) Issue, on written request, informal 

opinions and interpretations which are 

not binding on the Board. In issuing 

informal opinions or interpretations, the 

Director of the Office of Public 

Assistance, Governmental Affairs, and 

Compliance shall consult with the 

Directors of the appropriate Board 

offices. Such requests must be directed 

to the Director of the Office of Public 

Assistance, Governmental Affairs, and 

Compliance, Surface Transportation 

Board, Washington, DC. 

PART 1012—MEETINGS OF THE 

BOARD 

■ 14. The authority citation for Part 

1012 continues to read as follows: 

Authority: 5 U.S.C. 552b(g), 49 U.S.C. 701, 

721. 

§ 1012.3 [Amended] 

■ 15. In § 1012.3: 

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

‘‘in paragraphs (d) and (e) of this 

section’’ and add in their place the 

words ‘‘in paragraph (d) of this section’’. 

■ b. Remove paragraph (d). 

■ c. Redesignate paragraph (e) as 

paragraph (d). 

■ d. Redesignate paragraph (f) as 

paragraph (e). 

PART 1013—GUIDELINES FOR THE 

PROPER USE OF VOTING TRUSTS 

■ 16. The authority citation for Part 

1013 continues to read as follows: 

Authority: 49 U.S.C. 721, 13301(f). 

§ 1013.2 [Amended] 

■ 17. In § 1013.2(d), remove the 

reference to ‘‘49 U.S.C. 11343’’ and add 

in its place ‘‘49 U.S.C. 11323’’. 

■ 18. Revise § 1013.3(c) to read as 

follows: 

§ 1013.3 Review and reporting 

requirements for regulated carriers. 

* * * * * 

(c) Any carrier required to file a 

Schedule 13D with the Securities and 

Exchange Commission (17 CFR 

240.13d–1) which reports the purchase 

of 5 percent or more of the registered 

securities of another Board regulated 

carrier (or the listed shares of a 

company controlling 10 percent or more 

of the stock of a Board regulated carrier), 

must simultaneously file a copy of that 

schedule with the Board, along with any 

supplements to that schedule. 

* * * * * 

PART 1014—ENFORCEMENT OF 

NONDISCRIMINATION ON THE BASIS 

OF HANDICAP IN PROGRAMS OR 

ACTIVITIES CONDUCTED BY THE 

SURFACE TRANSPORTATION BOARD 

■ 19. The authority citation for Part 

1014 continues to read as follows: 

Authority: 29 U.S.C. 794. 

§ 1014.110 [Removed] 

■ 20. Remove § 1014.110. 

PART 1016—SPECIAL PROCEDURES 

GOVERNING THE RECOVERY OF 

EXPENSES BY PARTIES TO BOARD 

ADJUDICATORY PROCEEDINGS 

■ 21. The authority citation for Part 

1016 continues to read as follows: 

Authority: 5 U.S.C. 504(c)(1), 49 U.S.C. 

721. 

§ 1016.103 [Amended] 

■ 22. In § 1016.103(a), remove the 

reference to ‘‘49 U.S.C. 10925’’ and add 

in its place ‘‘49 U.S.C. 13905’’ and 

remove the reference to ‘‘49 CFR 

1100.11’’ and add in its place ‘‘49 CFR 

1103.5’’. 

§ 1016.105 [Amended] 

■ 23. In § 1016.105: 

■ a. In paragraph (a), remove ‘‘The term 

‘party’is defined’’ and add in its place 

‘‘The term ‘party’ is defined’’. 

■ b. In paragraph (b)(3), remove the 

reference to ‘‘Internal Revenue Code of 

1954’’ and add in its place ‘‘Internal 

Revenue Code of 1986’’. 

■ 24. Revise the first sentence of 

§ 1016.107(b) to read as follows: 

§ 1016.107 Allowable fees and expenses. 

* * * * * 

(b) No award for the fee of an attorney 

or agent under these rules may exceed 

the amount specified by 5 U.S.C. 

504(b)(1)(A), unless a higher fee is 

justified. * * * 

* * * * * 

§ 1016.202 [Amended] 

■ 25. In § 1016.202(a), remove the 

reference to ‘‘§ 1016.105(f)’’ and add in 

its place ‘‘§ 1016.105(e)’’. 

PART 1017—DEBT COLLECTION— 

COLLECTION BY OFFSET FROM 

INDEBTED GOVERNMENT AND 

FORMER GOVERNMENT EMPLOYEES 

■ 26. Revise the authority citation for 

Part 1017 to read as follows: 

Authority: 31 U.S.C. 3716, 5 U.S.C. 5514; 

Pub. L. 97–365; 31 CFR parts 900–904; 5 CFR 

part 550. 

§ 1017.9 [Amended] 

■ 27. In § 1017.9(b)(2), remove the 

reference to ‘‘5 CFR 1108’’ and add in 

its place ‘‘5 CFR 550.1109’’ and remove 

the word ‘‘provided’’ and add in its 

place ‘‘followed’’. 

PART 1018—DEBT COLLECTION 

■ 28. Revise the authority citation for 

Part 1018 to read as follows: 

Authority: 31 U.S.C. 3701, 31 U.S.C. 3711 

et seq., 49 U.S.C. 721, 31 CFR parts 900–904. 

■ 29. Revise § 1018.3 to read as follows: 

§ 1018.3 Communications. 

Unless otherwise specified, all 

communications concerning the 

regulations in this part should be 

addressed to the Chief, Section of 

Financial Services, Surface 

Transportation Board, Washington, DC. 

§ 1018.6 [Amended] 

■ 30. In § 1018.6(a), remove the 

reference to ‘‘4 CFR parts 101 through 

105’’ and add in its place ‘‘31 CFR parts 

900 through 904’’. 

§ 1018.8 [Amended] 

■ 31. In § 1018.8, remove the words 

‘‘compromising or suspending or 

terminating collection’’ and add in their 

place ‘‘compromising, suspending, or 

terminating’’. 

§ 1018.20 [Amended] 

■ 32. In § 1018.20: 

■ a. In paragraph (a)(4), remove the 

reference to ‘‘4 CFR 102.13’’ and add in 

its place ‘‘31 CFR 901.9’’. 

■ b. In paragraph (b)(3)(iii), remove the 

reference to ‘‘4 CFR 102.5’’ and add in 

its place ‘‘31 CFR 901.4’’. 


asabaliauskas on DSK5VPTVN1PROD with RULES
8852 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 

§ 1018.25 [Amended] 

■ 33. In § 1018.25: 

■ a. In paragraph (a), remove ‘‘a certified 

or cashier’s check or a money order’’ 

and add in its place ‘‘a certified check, 

cashier’s check, or money order’’. 

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

‘‘or insurance filing fee’’. 

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

‘‘or insurance’’ wherever they appear. 

■ d. In paragraph (d), remove the words 

‘‘or insurance’’ wherever they appear. 

■ e. In the heading of paragraph (d), 

remove the words ‘‘privileges or 

certificates,’’ and add in their place 

‘‘privileges, certificates,’’. 

§ 1018.28 [Amended] 

■ 34. In § 1018.28: 

■ a. In paragraph (a), remove the 

reference to ‘‘4 CFR 102.2, 102.3, and 

102.4’’ and add in its place ‘‘31 CFR 

901.2 and 901.3’’. 

■ b. In paragraph (b), remove the 

reference to ‘‘4 CFR 102.4’’ and add in 

its place ‘‘31 CFR 901.3(e)’’. 

■ c. In paragraph (d)(1)(vi), remove the 

reference to ‘‘4 CFR 102.3(c)’’ and add 

in its place ‘‘31 CFR 901.3(e)’’. 

§ 1018.30 [Amended] 

■ 35. In § 1018.30: 

■ a. In paragraph (a), remove the 

reference to ‘‘4 CFR 102.13’’ and add in 

its place ‘‘31 CFR 901.9’’. 

■ b. In paragraph (b), remove the 

reference to ‘‘4 CFR 102.2 and 102.13’’ 

and add in its place ‘‘31 CFR 901.2 and 

901.9’’. 

§ 1018.51 [Amended] 

■ 36. In § 1018.51: 

■ a. In paragraph (a)(3), remove the 

reference to ‘‘4 CFR 103.4’’ and add in 

its place ‘‘31 CFR 902.2’’. 

■ b. In paragraph (b), remove the 

reference to ‘‘4 CFR part 103’’ and add 

in its place ‘‘31 CFR part 902’’. 

§ 1018.72 [Amended] 

■ 37. In § 1018.72(d), remove the 

reference to ‘‘4 CFR 105.2’’ and add in 

its place ‘‘31 CFR 904.2’’. 

■ 38. Amend § 1018.91 as follows: 

■ a. At the end of paragraphs (b)(3) and 

(b)(4), remove the periods and add 

semicolons in their place. 

■ b. Revise paragraph (b)(7). 

■ c. In paragraph (b)(8), remove the 

reference to ‘‘26 CFR 301.6402–6T’’ and 

add in its place ‘‘26 CFR 301.6402–6’’. 

The revision reads as follows: 

§ 1018.91 Applicability and scope. 

* * * * * 

(b) * * * 

(7) Is at least $25.00; and 

* * * * * 

PART 1019—REGULATIONS 

GOVERNING CONDUCT OF SURFACE 

TRANSPORTATION BOARD 

EMPLOYEES 

■ 39. The authority citation for Part 

1019 continues to read as follows: 

Authority: 49 U.S.C. 721. 

§ 1019.2 [Amended] 

■ 40. In § 1019.2(a), remove the title 

‘‘Executive Counsel’’ and add in its 

place ‘‘General Counsel’’. 

PART 1021—ADMINISTRATIVE 

COLLECTION OF ENFORCEMENT 

CLAIMS 

■ 41. The authority citation for Part 

1021 continues to read as follows: 

Authority: 31 U.S.C. 3701, 3711, 3717, 

3718. 

■ 42. Revise § 1021.1 to read as follows: 

§ 1021.1 Standards. 

The regulations issued jointly by the 

Comptroller General of the United 

States and the Attorney General of the 

United States under section 3 of the 

Federal Claims Collection Act of 1966, 

as amended, (31 U.S.C. 3701 et seq.) and 

published in 31 CFR parts 900 through 

904 are hereby adopted by the Surface 

Transportation Board for the 

administrative collection of enforcement 

claims. 

PART 1034—ROUTING OF TRAFFIC 

■ 43. The authority citation for Part 

1034 continues to read as follows: 

Authority: 49 U.S.C. 721, 11123. 

§ 1034.1 [Amended] 

■ 44. In § 1034.1: 

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

‘‘submit a written or telegraphic notice’’ 

and add in their place ‘‘submit a written 

or electronic notice’’ and remove the 

title ‘‘Office of Compliance and 

Enforcement’’ and add in its place 

‘‘Office of Public Assistance, 

Governmental Affairs, and 

Compliance’’. 

■ b. In paragraph (c), remove the title 

‘‘Office of Compliance and 

Enforcement’’ and add in its place 

‘‘Office of Public Assistance, 

Governmental Affairs, and 

Compliance’’. 

PART 1035—BILLS OF LADING 

■ 45. The authority citation for Part 

1035 continues to read as follows: 

Authority: 49 U.S.C. 721, 11706, 14706. 

■ 46. In Appendix A to Part 1035 

remove ‘‘, 19ll’’ and add in its place 

‘‘, 20____’’. 

■ 47. In Appendix B to Part 1035, 

remove ‘‘4. (a)’’ and add in its place 

‘‘Sec. 4. (a)’’. 

PART 1039—EXEMPTIONS 

■ 48. The authority citation for Part 

1039 continues to read as follows: 

Authority: 49 U.S.C. 10502, 13301. 

§ 1039.12 [Removed] 

■ 49. Remove § 1039.12. 

§ 1039.14 [Amended] 

■ 50. Amend § 1039.14 by removing ‘‘.’’ 

and adding in its place ‘‘;’’ at the end 

of paragraphs (b)(1) through (4) and 

removing ‘‘.’’and adding in its place ‘‘; 

and’’ at the end of paragraph (b)(5). 

§ 1039.21 [Removed] 

■ 51. Remove § 1039.21. 

§ 1039.22 [Amended] 

■ 52. In § 1039.22(a)(2), remove the 

reference to ‘‘49 U.S.C. 10713’’ and add 

in its place ‘‘49 U.S.C. 10709’’, remove 

the reference to ‘‘49 U.S.C. 10761(a)’’ 

and add in its place ‘‘49 U.S.C. 

13702(a)’’, and remove the reference to 

‘‘10762(a)(1)’’ and add in its place 

‘‘13702(b)–(d)’’. 

PART 1090—PRACTICES OF 

CARRIERS INVOLVED IN THE 

INTERMODAL MOVEMENT OF 

CONTAINERIZED FREIGHT 

■ 53. The authority citation for Part 

1090 continues to read as follows: 

Authority: 49 U.S.C. 721. 

§ 1090.2 [Amended] 

■ 54. In § 1090.2, remove the reference 

to ‘‘49 U.S.C. 10505(e) and (g), 

109229(1), and 10530’’ and add in its 

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

13902’’. 

PART 1101—DEFINITIONS AND 

CONSTRUCTION 

■ 55. The authority citation for Part 

1101 continues to read as follows: 

Authority: 49 U.S.C. 721. 

§ 1101.2 [Amended] 

■ 56. In § 1101.2(e)(1), remove the 

reference to ‘‘1130.3’’ and add in its 

place ‘‘1130.2’’. 

PART 1102—COMMUNICATIONS 

■ 57. The authority citation for Part 

1102 continues to read as follows: 

Authority: 49 U.S.C. 721. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8853 

§ 1102.2 [Amended] 

■ 58. In § 1102.2(c)(1) and (2), remove 

the words ‘‘joint board member, 

employee board member’’. 

PART 1103—PRACTITIONERS 

■ 59. The authority citation for Part 

1103 continues to read as follows: 

Authority: 21 U.S.C. 862; 49 U.S.C. 703(e), 

721. 

■ 60. In § 1103.3: 

■ a. In paragraph (d), remove the 

reference to ‘‘49 CFR 1002.2(f)(100)’’ 

and add in its place ‘‘49 CFR 

1002.2(f)(99)(i)’’. 

■ b. Revise paragraph (h). 

■ c. In paragraphs (l), (m), and (n), 

remove the reference to ‘‘49 CFR 

1002.2(f)(100)’’ and add in its place ‘‘49 

CFR 1002.2(f)(99)(i)’’. 

■ d. Revise paragraph (o). 

The revisions read as follows: 

§ 1103.3 Persons not attorneys-at-law— 

qualifications and requirements for practice 

before the Board. 

* * * * * 

(h) Location of examination. 

Examinations will be conducted at the 

Board’s office in Washington, DC. 

* * * * * 

(o) Content and grading of 

examination. A Board staff member is 

responsible, under the general 

supervision of the Vice Chairman, for 

the examination of non-attorney 

applicants, the preparation of 

examination questions, and the grading 

of examinations. The staff member is 

appointed by the Chairman, with the 

approval of the Board. The staff member 

must be an attorney and must have at 

least two years of experience with the 

Board. 

* * * * * 

§ 1103.16 [Amended] 

■ 61. In § 1103.16(c), remove the words 

‘‘secrets or confidence’’ and add in their 

place ‘‘secrets or confidences’’. 

■ 62. In § 1103.20: 

■ a. Revise paragraph (b). 

■ b. In paragraph (g), remove ‘‘in behalf 

of the client’’ and add in its place ‘‘on 

behalf of the client’’. 

The revision reads as follows: 

§ 1103.20 Practitioner’s fees and related 

practices. 

* * * * * 

(b) Compensation, commission, and 

rebates. A practitioner shall accept no 

compensation, commission, rebates, or 

other advantages from the parties in a 

proceeding other than his client without 

the knowledge and consent of his client 

after full disclosure. 

* * * * * 

PART 1104—FILING WITH THE 

BOARD–COPIES–VERIFICATION– 

SERVICE–PLEADINGS, GENERALLY 

■ 63. The authority citation for Part 

1104 continues to read as follows: 

Authority: 5 U.S.C. 553 and 559; 18 U.S.C. 

1621; 21 U.S.C. 862; and 49 U.S.C. 721. 

■ 64. Amend § 1104.3(a) by adding the 

following sentence at the end of the 

paragraph: 

§ 1104.3 Copies. 

(a)* * * When confidential 

documents are filed, redacted versions 

must also be filed. 

* * * * * 

■ 65. Revise § 1104.5(c) to read as 

follows: 

§ 1104.5 Affirmation or declarations under 

penalty of perjury in accordance with 18 

U.S.C. 1621 in lieu of oath. 

* * * * * 

(c) Knowing and willful 

misstatements or omissions of material 

facts constitute federal criminal 

violations punishable under 18 U.S.C. 

1001. Additionally, these misstatements 

are punishable as perjury under 18 

U.S.C. 1621. 

§ 1104.6 [Amended] 

■ 66. In the last sentence of § 1104.6, 

remove ‘‘5 p.m.’’ and add in its place 

‘‘11:59 p.m.’’ 

■ 67. In § 1104.12: 

■ a. Amend § 1104.12(a) by adding a 

sentence at the end of the paragraph. 

■ b. In the parenthetical, remove the 

reference to ‘‘49 U.S.C. 10321’’ and add 

in its place ‘‘49 U.S.C. 721’’. 

The addition reads as follows: 

§ 1104.12 Service of pleadings and papers. 

(a) * * * If a document is filed with 

the Board through the e-filing process, 

a copy of the e-filed document should 

be emailed to other parties, or a paper 

copy of the document should be 

personally served on the other parties, 

but if neither email nor personal service 

is feasible, service of a paper copy 

should be by first-class or express mail. 

* * * * * 

■ 68. Amend § 1104.14(a) by adding a 

sentence at the end of the paragraph to 

read as follows: 

§ 1104.14 Protective orders to maintain 

confidentiality. 

(a) * * * When confidential 

documents are filed, redacted versions 

must also be filed. 

* * * * * 

PART 1105—PROCEDURES FOR 

IMPLEMENTATION OF 

ENVIRONMENTAL LAWS 

■ 69. Revise the authority citation for 

Part 1105 to read as follows: 

Authority: 16 U.S.C. 1456 and 1536; 42 

U.S.C. 4332 and 6362(b); 49 U.S.C. 701 note 

(1995) (Savings Provisions), 721(a), 10502, 

and 10903–10905; 54 U.S.C. 306108. 

■ 70. Revise § 1105.2 to read as follows: 

§ 1105.2 Responsibility for administration 

of these rules. 

The Director of the Office of 

Environmental Analysis is delegated the 

authority to sign, on behalf of the Board, 

memoranda of agreement entered into 

pursuant to 36 CFR 800.5(e)(4) regarding 

historic preservation matters. The 

Director of the Office of Environmental 

Analysis is responsible for the 

preparation of documents under these 

rules and is delegated the authority to 

provide interpretations of the Board’s 

National Environmental Policy Act 

(NEPA) process, to render initial 

decisions on requests for waiver or 

modification of any of these rules for 

individual proceedings, and to 

recommend rejection of environmental 

reports not in compliance with these 

rules. This delegated authority shall be 

used only in a manner consistent with 

Board policy. Appeals to the Board will 

be available as a matter of right. 

■ 71. Revise § 1105.3 to read as follows: 

§ 1105.3 Information and assistance. 

Information and assistance regarding 

the rules and the Board’s environmental 

and historic review process is available 

by writing or calling the Office of 

Environmental Analysis. 

■ 72. In § 1105.4: 

■ a. Revise paragraph (i). 

■ b. In paragraph (j), remove the 

references to ‘‘SEA’s’’ wherever they 

appear and add in their place ‘‘OEA’s’’. 

The revision reads as follows: 

§ 1105.4 Definitions. 

* * * * * 

(i) Office of Environmental Analysis 

or ‘‘OEA’’ means the Office that 

prepares the Board’s environmental 

documents and analyses. 

* * * * * 

§ 1105.5 [Amended] 

■ 73. In § 1105.5(c)(3), remove the 

reference to ‘‘49 U.S.C. 10905’’ and add 

in its place ‘‘49 U.S.C. 10904’’. 

§ 1105.6 [Amended] 

■ 74. In § 1105.6: 

■ a. In paragraph (b)(4) introductory 

text, remove the reference to ‘‘49 U.S.C. 


asabaliauskas on DSK5VPTVN1PROD with RULES
8854 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 

10901 or 10910’’ and add in its place 

‘‘49 U.S.C. 10901, 10902, or 10907’’, and 

remove the reference to ‘‘49 U.S.C. 

11343’’ and add in its place ‘‘49 U.S.C. 

11323 and 14303.’’ 

■ b. In paragraph (b)(5), add ‘‘and’’ 

following ‘‘environmental impacts;’’. 

■ c. Remove paragraph (b)(6). 

■ d. Redesignate paragraph (b)(7) as 

paragraph (b)(6). 

■ e. Remove paragraph (c)(1). 

■ f. Redesignate paragraphs (c)(2) 

through (7) as paragraphs (c)(1) through 

(6). 

■ g. In newly redesignated paragraph 

(c)(1)(i), remove the reference to ‘‘49 

U.S.C. 10901 or 10910’’ and add in its 

place ‘‘49 U.S.C. 10901, 10902, or 

10907’’, and remove the reference to ‘‘49 

U.S.C. 11343’’ and add in its place ‘‘49 

U.S.C. 11323 and 14303.’’ 

■ h. Remove newly redesignated 

paragraph (c)(1)(v). 

■ i. Further redesignate newly 

redesignated paragraph (c)(1)(vi) as 

paragraph (c)(1)(v). 

■ 75. Amend § 1105.7 as follows: 

■ a. Add a sentence to the end of 

paragraph (a). 

■ b. In paragraph (e)(3)(iv), remove the 

reference ‘‘49 U.S.C. 10906’’ and add in 

its place ‘‘49 U.S.C. 10905’’. 

The addition reads as follows: 

§ 1105.7 Environmental reports. 

(a) Filing. * * * The Environmental 

Report may be filed with the Board 

electronically. 

* * * * * 

■ 76. Amend § 1105.8(a) by adding a 

sentence at the end of the paragraph to 

read as follows: 

§ 1105.8 Historic Reports. 

(a) Filing. * * * The Historic Report 

may be filed with the Board 

electronically. 

* * * * * 

§ 1105.10 [Amended] 

■ 77. In § 1105.10: 

■ a. In paragraphs (b) and (d), remove 

the references to ‘‘SEA’’ wherever they 

appear and add in their place ‘‘OEA’’. 

■ b. In paragraph (d), remove the 

references to ‘‘SEA’s’’ wherever they 

appear and add in their place ‘‘OEA’s’’. 

■ c. In paragraph (f), remove the 

abbreviation ‘‘CZMA’’ and add in its 

place ‘‘Coastal Zone Management Act’’. 

§ 1105.11 [Amended] 

■ 78. In the appendix to § 1105.11, 

remove the reference to ‘‘the Section of 

Environmental Analysis (SEA), Surface 

Transportation Board, 1925 K Street, 

NW., Washington, DC 20423’’ and add 

in its place ‘‘the Office of Environmental 

Analysis (OEA), Surface Transportation 

Board, Washington, DC’’. 

§ 1105.12 [Amended] 

■ 79. In the appendix to § 1105.12: 

■ a. In the Sample Local Newspaper 

Notice for Out-of-Service Abandonment 

Exemptions: 

■ i. In the first paragraph, remove the 

zip code ‘‘20423’’. 

■ ii. In the second paragraph, remove 

the references to ‘‘Section of 

Environmental Analysis (SEA)’’ 

wherever they appear and add in their 

place ‘‘Office of Environmental Analysis 

(OEA)’’; and remove the zip code 

‘‘20423’’. 

■ iii. In the third paragraph remove the 

reference to ‘‘Section of Administration, 

Office of Proceedings, 395 E Street, SW., 

Washington, DC 20423–0001’’ and add 

in its place ‘‘Office of Proceedings, 

Washington, DC’’. 

■ b. In the Sample Local Newspaper 

Notice for Petitions for Abandonment 

Exemptions: 

■ i. In the first paragraph, remove the 

zip code ‘‘20423’’. 

■ ii. In the second paragraph, remove 

the references to ‘‘Section of 

Environmental Analysis (SEA)’’ 

wherever they appear and add in their 

place ‘‘Office of Environmental Analysis 

(OEA)’’; and remove the zip code 

‘‘20423’’. 

■ iii. In the third paragraph remove the 

reference to ‘‘Section of Administration, 

Office of Proceedings, 395 E Street SW., 

Washington, DC 20423–0001’’ and add 

in its place ‘‘Office of Proceedings, 

Washington, DC’’. 

PART 1110—PROCEDURES 

GOVERNING INFORMAL 

RULEMAKING PROCEEDINGS 

■ 80. The authority citation for Part 

1110 continues to read as follows: 

Authority: 49 U.S.C. 721. 

■ 81. Amend § 1110.2 by revising 

paragraphs (b) and (c)(1) to read as 

follows: 

§ 1110.2 Opening of proceeding. 

* * * * * 

(b) Any person may petition the Board 

to open a proceeding to issue, amend, or 

repeal a rule. 

* * * * * 

(c) * * * 

(1) Be submitted, along with 15 

copies, to the Chief, Section of 

Administration, Office of Proceedings, 

Surface Transportation Board, 

Washington DC; 

* * * * * 

§ 1110.5 [Amended] 

■ 82. In § 1110.5, remove the word 

‘‘additional’’ and add in its place 

‘‘undue’’. 

PART 1111—COMPLAINT AND 

INVESTIGATION PROCEDURES 

■ 83. The authority citation for Part 

1111 continues to read as follows: 

Authority: 49 U.S.C. 721, 10704, and 

11701. 

§ 1111.1 [Amended] 

■ 84. In § 1111.1: 

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

‘‘at the hearing’’. 

■ b. In paragraph (e), remove the 

reference to ‘‘49 CFR 1244.8’’ and add 

in its place ‘‘49 CFR 1244.9’’. 

PART 1113—ORAL HEARING 

■ 85. The authority citation for Part 

1113 continues to read as follows: 

Authority: 5 U.S.C. 559; 49 U.S.C. 721. 

§ 1113.2 [Amended] 

■ 86. In § 1113.2: 

■ a. In paragraph (d), remove ‘‘return on 

the subpoena’’ and add in its place 

‘‘return of the subpoena’’. 

■ b. In paragraph (e), remove ‘‘at whose 

instance’’ and add in its place ‘‘at whose 

insistence’’. 

§ 1113.3 [Amended] 

■ 87. In § 1113.3(c)(2), remove ‘‘after the 

close of hearing’’ and add in its place 

‘‘after the close of the hearing’’. 

§ 1113.8 [Amended] 

■ 88. In § 1113.8, remove ‘‘in whose 

behalf’’ and add in its place ‘‘on whose 

behalf’’. 

§ 1113.11 [Amended] 

■ 89. In § 1113.11, remove ‘‘damage’’ 

and add in its place ‘‘damages’’. 

PART 1114—EVIDENCE; DISCOVERY 

■ 90. The authority citation for Part 

1114 continues to read as follows: 

Authority: 5 U.S.C. 559; 49 U.S.C. 721. 

§ 1114.21 [Amended] 

■ 91. In § 1114.21(a)(1), remove the 

reference to ‘‘§ 1011.6’’ and add in its 

place ‘‘§ 1011.5’’. 

§ 1114.24 [Amended] 

■ 92. In § 1114.24(g), remove ‘‘(1) Not a 

relative’’ and add in its place ‘‘(1) not a 

relative’’. 

§ 1114.25 [Amended] 

■ 93. In § 1114.25: 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8855 

■ a. In paragraph (b)(2), remove 

‘‘seasonable’’ and add in its place 

‘‘reasonable’’. 

■ b. In paragraph (c), remove ‘‘Errors 

and irregularities’’ and add in its place 

‘‘Objections to errors and irregularities’’. 

§ 1114.26 [Amended] 

■ 94. In § 1114.26(a), remove the 

reference to ‘‘§ 1114.21(b)(2)’’ and add 

in its place ‘‘§ 1114.21(a)’’. 

§ 1114.27 [Amended] 

■ 95. In § 1114.27(a), remove the 

reference to ‘‘§ 1114.21(b)(2)’’ and add 

in its place ‘‘§ 1114.21(a)’’. 

PART 1115—APPELLATE 

PROCEDURES 

■ 96. The authority citation for Part 

1115 continues to read as follows: 

Authority: 5 U.S.C. 559; 49 U.S.C. 721. 

§ 1115.2 [Amended] 

■ 97. In § 1115.2(b)(3), remove the 

words ‘‘governing precedent;’’ and add 

in their place ‘‘governing precedent; or’’. 

PART 1118—PROCEDURES IN 

INFORMAL PROCEEDINGS BEFORE 

EMPLOYEE BOARDS 

■ 98. Under the authority of 49 U.S.C. 

1321, Part 1118 is removed. 

PART 1139—PROCEDURES IN MOTOR 

CARRIER REVENUE PROCEEDINGS 

■ 99. Under the authority of 49 U.S.C. 

1321, Part 1139 is removed. 

PART 1144—INTRAMODAL RAIL 

COMPETITION 

■ 100. The authority citation for Part 

1144 continues to read as follows: 

Authority: 49 U.S.C. 721, 10703, 10705, 

and 11102. 

§ 1144.2 [Amended] 

■ 101. In § 1144.2: 

■ a. In paragraph (a) introductory text, 

remove the reference to ‘‘49 U.S.C. 

11102’’ and add in its place ‘‘49 U.S.C. 

11102(c)’’. 

■ b. In paragraph (a)(1), remove the 

reference to ‘‘and 11102’’ and add in its 

place ‘‘and 11102(c)’’. 

PART 1146—EXPEDITED RELIEF FOR 

SERVICE EMERGENCIES 

■ 102. The authority citation for Part 

1146 continues to read as follows: 

Authority: 49 U.S.C. 721, 11101, and 

11123. 

§ 1146.1 [Amended] 

■ 103. In § 1146.1(d)(1), remove ‘‘Carrier 

are’’ and add in its place ‘‘Carriers are’’. 

PART 1150—CERTIFICATE TO 

CONSTRUCT, ACQUIRE, OR OPERATE 

RAILROAD LINES 

■ 104. The authority citation for Part 

1150 continues to read as follows: 

Authority: 49 U.S.C. 721(a), 10502, 10901, 

and 10902. 

§ 1150.3 [Amended] 

■ 105. In § 1150.3(h), remove the 

reference to ‘‘paragraphs (e) or (f)’’ and 

add in its place ‘‘paragraphs (f) or (g)’’. 

■ 106. In § 1150.21 revise the second 

sentence to read as follows: 

§ 1150.21 Scope of rules. 

* * * The rail line must have been 

fully abandoned, or approved for 

abandonment by the Board or a 

bankruptcy court. * * * 

§ 1150.31 [Amended] 

■ 107. In § 1150.31(b), remove the 

words ‘‘and the from securities 

regulation at 49 CFR part 1175’’ and add 

in their place ‘‘and the exemption from 

securities regulation at 49 CFR part 

1177’’. 

■ 108. In § 1150.35: 

■ a. Revise paragraph (b) introductory 

text. 

■ b. In paragraph (f), remove the 

sentence ‘‘Stay petitions must be filed 

within 7 days of the filing of the notion 

of exemption.’’ 

■ c. In paragraph (g), remove the 

reference to ‘‘§ 1150.33(g)’’ and add in 

its place ‘‘§ 1150.32(d)’’. 

The revision reads as follows: 

§ 1150.35 Procedures and relevant dates— 

transactions that involve creation of Class 

I or Class II carriers. 

* * * * * 

(b) The notice of intent must contain 

all of the information required in 

§ 1150.33, exclusive of § 1150.33(g), 

plus: 

* * * * * 

§ 1150.42 [Amended] 

■ 109. Remove the last sentence of 

§ 1150.42(a). 

PART 1151—FEEDER RAILROAD 

DEVELOPMENT PROGRAM 

■ 110. The authority citation for Part 

1151 continues to read as follows: 

Authority: 49 U.S.C. 10907. 

■ 111. Amend § 1151.3 by revising the 

last sentence in paragraphs (a)(9) and 

(12) and revising the first sentence in 

paragraph (a)(14) introductory text to 

read as follows: 

§ 1151.3 Contents of application. 

(a) * * * 

(9) * * * (This statement will be 

binding upon applicant if the 

application is approved.) 

* * * * * 

(12) * * * (This statement will be 

binding upon applicant if the 

application is approved.) 

* * * * * 

(14) If applicant requests Boardprescribed joint rates and divisions in 

the feeder line proceeding, a description 

of any joint rate and division agreement 

must be included in the application. 

* * * 

* * * * * 

§ 1151.4 [Amended] 

■ 112. In § 1151.4(e), remove the 

reference to ‘‘49 U.S.C. 10709(d)(2)’’ and 

add in its place ‘‘49 U.S.C. 10707’’. 

PART 1152—ABANDONMENT AND 

DISCONTINUANCE OF RAIL LINES 

AND RAIL TRANSPORTATION UNDER 

49 U.S.C. 10903 

■ 113. The authority citation for Part 

1152 continues to read as follows: 

Authority: 11 U.S.C. 1170; 16 U.S.C. 

1247(d) and 1248; 45 U.S.C. 744; and 49 

U.S.C. 701 note (1995) (section 204 of the ICC 

Termination Act of 1995), 721(a), 10502, 

10903–10905, and 11161. 

■ 114. In § 1152.30: 

■ a. In paragraph (b), remove the 

reference to ‘‘49 CFR part 1201’’ and 

add in its place ‘‘49 CFR part 1201, 

subpart B’’. 

■ b. Revise paragraph (c)(1) to read as 

follows: 

§ 1152.30 General. 

* * * * * 

(c) Final payment of financial 

assistance. (1) When a financial 

assistance agreement to subsidize is 

concluded, the final payment will be 

adjusted to reflect the actual revenues 

derived, avoidable costs incurred, and 

value of the properties used in the 

subsidy year. 

* * * * * 

§ 1152.32 [Amended] 

■ 115. In § 1152.32: 

■ a. In paragraph (j)(4), remove the 

reference to ‘‘paragraphs (f)(2) or (3)’’ 

and add in its place ‘‘paragraphs (j)(2) 

or (3)’’. 

■ b. In paragraph (o) introductory text, 

remove the words ‘‘depreciation cost’’ 

and add in their place ‘‘depreciation 

expense’’. 


asabaliauskas on DSK5VPTVN1PROD with RULES
8856 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 

PART 1180—RAILROAD ACQUISITION, 

CONTROL, MERGER, 

CONSOLIDATION PROJECT, 

TRACKAGE RIGHTS, AND LEASE 

PROCEDURES 

■ 116. The authority citation for Part 

1180 continues 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. 

§ 1180.3 [Amended] 

■ 117. In § 1180.3(h), remove the 

reference to ‘‘1180.4(d)(4)(ii)’’ and add 

in its place ‘‘1180.4(d)(2)’’. 

■ 118. In § 1180.4(c)(8), revise the last 

sentence of the paragraph to read as 

follows: 

§ 1180.4 Procedures 

* * * * * 

(c) * * * 

(8) * * * See Railroad Consolidation 

Procedures, 363 I.C.C. 767 (1980). 

* * * * * 

PARTS 1240–1259—REPORTS 

■ 119. Revise the note for Parts 1240– 

1259 to read as follows: 

Note: The report forms prescribed by parts 

1240–1259 are available upon request from 

the Office of Economics, Surface 

Transportation Board, Washington, DC. 

PART 1241—ANNUAL, SPECIAL, OR 

PERIODIC REPORTS—CARRIERS 

SUBJECT TO PART I OF THE 

INTERSTATE COMMERCE ACT 

■ 120. The authority citation for Part 

1241 continues to read as follows: 

Authority: 49 U.S.C. 11145. 

■ 121. Revise the note for Part 1241 to 

read as follows: 

Note: The report forms prescribed by part 

1241 are available upon request from the 

Office of Economics, Surface Transportation 

Board, Washington, DC. 

§ 1241.11 [Amended] 

■ 122. In § 1241.11(a), remove the title 

‘‘Office of Economics, Environmental 

Analysis, and Administration’’ and add 

in its place ‘‘Office of Economics’’ and 

remove the zip code ‘‘20423’’. 

§ 1241.15 [Amended] 

■ 123. In § 1241.15, remove the title 

‘‘Bureau of Accounts’’ and add in its 

place ‘‘Office of Economics’’ and 

remove the zip code ‘‘20423’’. 

PART 1242—SEPARATION OF 

COMMON OPERATING EXPENSES 

BETWEEN FREIGHT SERVICE AND 

PASSENGER SERVICE FOR 

RAILROADS 

■ 124. The authority citation for Part 

1242 continues to read as follows: 

Authority: 49 U.S.C. 721, 11142. 

■ 125. Revise the note for Part 1242 to 

read as follows: 

Note: The report forms prescribed by part 

1242 are available upon request from the 

Office of Economics, Surface Transportation 

Board, Washington, DC. 

■ 126. In the note to § 1242.87, remove 

the title ‘‘Bureau of Accounts’’ and add 

in its place ‘‘Office of Economics’’. 

PART 1243—QUARTERLY OPERATING 

REPORTS—RAILROADS 

■ 127. The authority citation for Part 

1243 continues to read as follows: 

Authority: 49 U.S.C. 721, 11145. 

■ 128. Revise the note for Part 1243 to 

read as follows: 

Note: The report forms prescribed by part 

1243 are available upon request from the 

Office of Economics, Surface Transportation 

Board, Washington, DC. 

■ 129. In § 1243.1, revise the last 

sentence to read as follows: 

§ 1243.1 Revenues, expenses and income. 

* * * Such quarterly reports shall be 

submitted, in paper or electronically, to 

the Office of Economics, Surface 

Transportation Board, Washington, DC, 

within 30 days after the end of the 

quarter to which they relate. 

■ 130. In § 1243.2, revise the last 

sentence to read as follows: 

§ 1243.2 Condensed balance sheet. 

* * * Such quarterly reports shall be 

submitted, in paper or electronically, to 

the Office of Economics, Surface 

Transportation Board, Washington, DC, 

within 30 days after the end of the 

quarter to which they relate. 

■ 131. In § 1243.3, revise the last 

sentence of the introductory text to read 

as follows: 

§ 1243.3 Report of fuel cost, consumption, 

and surcharge revenue. 

* * * Such reports shall be 

submitted, in paper or electronically, to 

the Office of Economics, Surface 

Transportation Board, Washington, DC, 

within 30 days after the end of the 

quarter reported. 

PART 1244—WAYBILL ANALYSIS OF 

TRANSPORTATION OF PROPERTY— 

RAILROADS 

■ 132. The authority citation for Part 

1244 continues to read as follows: 

Authority: 49 U.S.C. 721, 10707, 11144, 

11145. 

§ 1244.3 [Amended] 

■ 133. In § 1244.3(b)(4), remove the title 

‘‘Office of Economics, Environmental 

Analysis, and Administration’’ and add 

in its place ‘‘Office of Economics’’ and 

remove the zip code ‘‘20423–0001’’. 

§ 1244.9 [Amended] 

■ 134. In § 1244.9: 

■ a. In paragraph (a), remove the title 

‘‘Office of Economics, Environmental 

Analysis, and Administration’’ and add 

in its place ‘‘Office of Economics’’. 

■ b. In paragraph (d)(2), remove the title 

‘‘Office of Economics, Environmental 

Analysis, and Administration’’ and add 

in its place ‘‘Office of Economics’’. 

■ c. In paragraph (d)(3)(ii), remove the 

title ‘‘Office of Economics, 

Environmental Analysis, and 

Administration’’ and add in its place 

‘‘Office of Economics’’ and remove the 

zip code ‘‘20423’’. 

■ d. In paragraph (d)(4)(i), remove the 

title ‘‘Office of Economics, 

Environmental Analysis, and 

Administration’’ and add in its place 

‘‘Office of Economics’’. 

■ e. In paragraph (e)(2), remove the title 

‘‘Office of Economics, Environmental 

Analysis, and Administration’’ and add 

in its place ‘‘Office of Economics’’ and 

remove the zip code ‘‘20423’’. 

■ f. In paragraph (f)(4), remove the title 

‘‘OTA’’ and add in its place ‘‘Office of 

Economics’’. 

■ g. In paragraph (g)(3), remove the title 

‘‘Office of Economics, Environmental 

Analysis, and Administration’’ and add 

in its place ‘‘Office of Economics’’ and 

remove the zip code ‘‘20423’’. 

PART 1245—CLASSIFICATION OF 

RAILROAD EMPLOYEES; REPORTS 

OF SERVICE AND COMPENSATION 

■ 135. The authority citation for Part 

1245 continues to read as follows: 

Authority: 49 U.S.C. 721, 11145. 

■ 136. Revise the note for Part 1245 to 

read as follows: 

Note: The report forms prescribed by part 

1245 are available upon request from the 

Office of Economics, Surface Transportation 

Board, Washington, DC. 

■ 137. Revise § 1245.2 to read as 

follows: 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8857 

§ 1245.2 Reports of railroad employees, 

service and compensation. 

Each Class I railroad is required to file 

a Quarterly Report of Railroad 

Employees, Service, and Compensation, 

(Quarterly Wage Forms A & B). In 

addition, such carriers shall also file an 

Annual Report of Railroad Employees, 

Service, and Compensation, (Annual 

Wage Forms A & B) for each calendar 

year. Both reports shall be submitted, in 

paper or electronically, to the Office of 

Economics, Surface Transportation 

Board, Washington, DC. The quarterly 

report shall be submitted within 30 days 

after the end of each calendar quarter. 

The annual report shall be submitted 

within 45 days after the end of the 

reporting year. 

PART 1246—NUMBER OF RAILROAD 

EMPLOYEES 

■ 138. The authority citation for Part 

1246 continues to read as follows: 

Authority: 49 U.S.C. 721, 11145. 

■ 139. Revise § 1246.1 to read as 

follows: 

§ 1246.1 Monthly report of number of 

railroad employees. 

Each Class I railroad shall file a 

Monthly Report of Number of Railroad 

Employees (Form C) each month. The 

report should be submitted, in paper or 

electronically, to the Office of 

Economics, Surface Transportation 

Board, Washington, DC, by the end of 

the month to which it applies. 

■ 140. Revise the note for part 1246 to 

read as follows: 

Note: The report forms prescribed by part 

1246 are available upon request from the 

Office of Economics, Surface Transportation 

Board, Washington, DC. 

PART 1247—REPORT OF CARS 

LOADED AND CARS TERMINATED 

■ 141. The authority citation for Part 

1247 continues to read as follows: 

Authority: 49 U.S.C. 721, 10707, 11144, 

11145. 

§ 1247.1 [Amended] 

■ 142. In § 1247.1: 

■ a. Remove the title ‘‘Office of 

Economics, Environmental Analysis, 

and Administration (OEEAA)’’ and add 

in its place ‘‘Office of Economics’’. 

■ b. Remove the zip code ‘‘20243’’. 

■ c. In the last sentence, remove 

‘‘(http://www.stb.dot.gov/

infoex1.htm#forms)’’ and add in its 

place ‘‘(http://www.stb.dot.gov)’’. 

■ d. Remove ‘‘OEEAA’’ and add in its 

place ‘‘the Office of Economics’’. 

PART 1248—FREIGHT COMMODITY 

STATISTICS 

■ 143. The authority citation for Part 

1248 continues to read as follows: 

Authority: 49 U.S.C. 721, 11144 and 11145. 

■ 144. Revise the note for Part 1248 to 

read as follows: 

Note: The report forms prescribed by part 

1248 are available upon request from the 

Office of Economics, Surface Transportation 

Board, Washington, DC. 

■ 145. In § 1248.5(a), revise the first 

sentence to read as follows: 

§ 1248.5 Report forms and date of filing. 

(a) Reports required from Class I 

carriers by this section shall be 

submitted, in paper or electronically, to 

the Office of Economics, Surface 

Transportation Board, Washington, DC, 

on forms which will be furnished to the 

carriers. * * * 

* * * * * 

PART 1253—RATE-MAKING 

ORGANIZATION; RECORDS AND 

REPORTS 

■ 146. The authority citation for Part 

1253 continues to read as follows: 

Authority: 49 U.S.C. 721, 10706, 13703, 

11144 and 11145. 

■ 147. Revise the note for Part 1253 to 

read as follows: 

Note: The report forms prescribed by part 

1253 are available upon request from the 

Office of Economics, Surface Transportation 

Board, Washington, DC. 

Note: The following comment will not 

appear in the Code of Federal Regulations. 

COMMISSIONER BEGEMAN, 

commenting: 

It is disappointing that today’s 

decision is all we can muster up more 

than four years after receiving public 

comments on whether any of the 

Board’s regulations are ‘‘ineffective, 

insufficient, or excessively burdensome, 

and how to modify, streamline, expand, 

or repeal them. . . .’’ I certainly don’t 

object to replacing obsolete references 

and correcting spelling and other errors, 

but we should be doing so as a matter 

of course. Today’s decision is simply 

not responsive to what we set out to do 

in 2011. Nor does it meet the spirit—let 

alone achieve the purpose—of the 

President’s two Executive Orders. 

[FR Doc. 2016–03298 Filed 2–22–16; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 150708591–6096–02] 

RIN 0648–XE043 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement annual management 

measures and harvest specifications to 

establish the allowable catch levels (i.e. 

annual catch limit (ACL)/harvest 

guideline (HG)) for Pacific mackerel in 

the U.S. exclusive economic zone (EEZ) 

off the Pacific Coast for the fishing 

season of July 1, 2015, through June 30, 

2016. This rule is implemented 

pursuant to the Coastal Pelagic Species 

(CPS) Fishery Management Plan (FMP). 

The 2015–2016 HG for Pacific mackerel 

is 21,469 metric tons (mt). This is the 

total commercial fishing target level. 

This action also implements an annual 

catch target (ACT), of 20,469 mt. If the 

fishery attains the ACT, the directed 

fishery will close, reserving the 

difference between the HG (21,469 mt) 

and ACT as a 1,000 mt set-aside for 

incidental landings in other CPS 

fisheries and other sources of mortality. 

This final rule is intended to conserve 

and manage the Pacific mackerel stock 

off the U.S. West Coast. 

DATES: Effective March 24, 2016 through 

June 30, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, West Coast Region, 

NMFS, (562) 980–4034 Joshua.Lindsay@

noaa.gov. 

SUPPLEMENTARY INFORMATION: During 

public meetings each year, the estimated 

biomass for Pacific mackerel is 

presented to the Pacific Fishery 

Management Council’s (Council) CPS 

Management Team (Team), the 

Council’s CPS Advisory Subpanel 

(Subpanel) and the Council’s Scientific 

and Statistical Committee (SSC), and the 

biomass and the status of the fishery are 

reviewed and discussed. The biomass 

estimate is then presented to the 

Council along with the recommended 

overfishing limit (OFL) and acceptable 

biological catch (ABC) calculations from 

the SSC, along with the calculated ACL, 

HG and ACT recommendations, and 


asabaliauskas on DSK5VPTVN1PROD with RULES