Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Rules and Regulations 1051

1Traffic loaded and terminated on dependent

short line railroads is to be reported by Class I

railroads as if it was loaded or terminated by the

Class I carrier.

(4) Following completion of the

examination of a witness, counsel for

the witness may on the record request

the person conducting the deposition to

permit the witness to clarify any of his

or her answers. The grant or denial of

such request shall be within the sole

discretion of the person conducting the

deposition.

(5) The person conducting the

deposition shall take all necessary

action to regulate the course of the

deposition, to avoid delay, and to

prevent or restrain disorderly, dilatory,

obstructionist, or contumacious

conduct, or contemptuous language.

Such person shall, for reasons stated on

the record, immediately report to the

Board any instances where an attorney

has allegedly refused to comply with his

or her directions, or has allegedly

engaged in disorderly, dilatory,

obstructionist, or contumacious

conduct, or contemptuous language in

the course of the deposition. The Board

may thereupon take such further action,

if any, as the circumstances warrant,

including exclusion of that attorney

from further participation in the

particular investigation.

(b) Voluntary interviews. Witnesses

appearing voluntarily do not have a

right to have an attorney present during

questioning. The Investigator-in-Charge

(IIC), in consultation with the General

Counsel, may permit a witness to be

accompanied by an attorney or nonattorney representative. If so

accompanied, the role of the attorney or

non-attorney representative is limited to

raising objections to questions that are

outside the scope of the investigation

and to advising the witness with respect

to any legal privilege such as, for

example, under the Fifth Amendment to

the U. S. Constitution. Attorney and

non-attorney representatives may not

represent more than one witness in each

investigation in this fashion, absent the

consent of the IIC and the General

Counsel.

[FR Doc. 01–288 Filed 1–4–01; 8:45 am]

BILLING CODE 6350–01–U

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1247

[STB Ex Parte No. 583]

Modification of the Class I Reporting

Regulations

AGENCY: Surface Transportation Board.

ACTION: Final rules.

SUMMARY: New regulations, requiring all

Class I railroads to report the number of

railroad cars loaded and terminated

annually are adopted. The new

reporting requirement will ensure the

continued availability of important

data—heretofore only voluntarily

reported to, and supplied to the Surface

Transportation Board (Board) by, the

Association of American Railroads

(AAR)—needed by the Board for

application of the Uniform Railroad

Costing System (URCS), its railroad cost

accounting system.

EFFECTIVE DATE: January 1, 2001.

FOR FURTHER INFORMATION CONTACT: Paul

A. Aguiar, (202) 565–1527 or H. Jeff

Warren, (202) 565–1533. [Assistance for

the hearing impaired is available

through the Federal Information Relay

Service 1–800–877–8339.]

SUPPLEMENTARY INFORMATION: In a

Notice of Proposed Rulemaking (NPR)

served July 18, 2000, comments were

solicited on modifying Chapter X of the

Code of Federal Regulations Title 49,

Part 1247 to require Class I railroads to

submit a new report—Annual Report of

Cars Loaded and Cars Terminated (Form

STB–54). This new report would require

Class I railroads to report the number of

cars loaded and terminated during each

calendar year. Currently, the AAR

collects such data quarterly and

aggregates the information on a yearly

basis in its annual reports (AAR Form

CS–54–1) for each railroad.

Historically, we have relied on AAR

Form CS–54–1 to obtain certain inputs

for URCS. However, to ensure the

continued availability of these data, we

proposed that Class I railroads file an

abbreviated version of AAR Form CS–

54–1 with the Board. We proposed to

require the reporting of only that data

used as inputs for URCS—sections A

and B of AAR Form CS–54–1.

Comments on the NPR were filed by

the Western Coal Traffic League, United

Transportation Union-Illinois

Legislative Board (UTU–IL), and the

U.S. Department of Agriculture. All

three parties fully support the proposal.

In addition, UTU–IL suggests that we:

(1) Require the carriers to file quarterly,

as well as annual, information; (2) make

Form STB–54 data available for

inspection in our public reference room

rather than in the Office of Economics,

Environmental Analysis, and

Administration (OEEAA); and (3) adopt

a definition of ‘‘dependent short line’’

railroads and require Class I railroads to

list their dependent short lines.1

We will adopt the proposed reporting

requirement supported by all

commenters. We decline, however, to

adopt UTU–IL’s additional proposals.

Regarding the suggestion to have

railroads file quarterly data, it would be

inappropriate to adopt the UTU–IL

proposal without first affording

railroads the opportunity to comment.

More importantly, we see no reason to

burden the railroads with filing

quarterly data that we would not use.

While UTU–IL contends that the filing

of quarterly data will assure ‘‘the

integrity of the process,’’ it has not

explained why that is so, and we fail to

see how filing such data would provide

any benefit.

In addition, we see no need to

maintain a second set of Form STB–54

data in our public reference room.

UTU–IL has not shown that housing the

data in OEEAA will place any

unreasonable burden on the public or

limit access to the information. Indeed,

all other cost and traffic data reported

by the railroads are available to the

public only in OEEAA and we have

received no reports of dissatisfaction

with this arrangement. Because the data

is used on a regular basis by OEEAA

staff, it is administratively most

practical to house the data where it is

used and UTU–IL has provided no

compelling reason to maintain a

duplicate set of data in the public

reference room.

Finally, under our proposal, we

expect the railroads to apply the term

‘‘dependent short line’’ in the same

manner as it has been applied in prior

years to compile AAR Form CS–54–1.

This will ensure comparability of data

from year-to-year. We see no need, and

UTU–IL has suggested none, to have

railroads provide a list of their

dependent short lines. Because it is our

longstanding policy not to burden the

industry by requiring the filing of

unneeded information, we reject this

proposal.

The regulations set forth below are

adopted and will be codified at 49 CFR

1247. Copies of Form STB–54 and its

instructions will be available on the

Board’s web site under forms (http://

www.stb.dot.gov/infoex1.htm#forms).

Alternatively, copies can be requested

by writing or calling the contact persons

listed above.

This action will not significantly

affect either the quality of the human

environment or energy conservation.

Because only large railroads will be

affected by the new reporting

requirement, we conclude that our

action will not have a significant

economic impact on a substantial

number of small entities within the

1052 Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Rules and Regulations

meaning of the Regulatory Flexibility

Act.

List of Subjects in 49 CFR Part 1247

Freight, Railroads, Reporting and

recordkeeping requirements.

Decided: December 29, 2000.

By the Board, Chairman Morgan, Vice

Chairman Burkes, Commissioner Clyburn.

Vernon A. Williams,

Secretary.

For the reasons set forth above, Title

49, Part 1247 Report of Cars Loaded and

Cars Terminated is added to Chapter X

of the Code of Federal Regulations to

read as follows:

PART 1247—REPORT OF CARS

LOADED AND CARS TERMINATED

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

11145.

§ 1247.1 Annual Report of Cars Loaded

and Cars Terminated.

Beginning with the reporting period

commencing January 1, 2001, and

annually thereafter, each Class I railroad

shall file Form STB–54, Annual Report

of Cars Loaded and Cars Terminated,

together with the accompanying

certification, with the Office of

Economics, Environmental Analysis,

and Administration (OEEAA), Surface

Transportation Board, Washington, DC

20243, within 90 days after the end of

the reporting year. Blank forms and

instructions are available on the Board’s

web site (http://www.stb.dot.gov/

infoex1.htm#forms) or can be obtained

by contacting OEEAA.

[FR Doc. 01–328 Filed 1–4–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AG08

Migratory Bird Hunting; Late Seasons

and Bag and Possession Limits for

Certain Migratory Game Birds

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule; correction.

SUMMARY: The U.S. Fish and Wildlife

Service (hereinafter Service or we)

published a document in the September

28, 2000, Federal Register prescribing

the hunting seasons, hours, areas, and

daily bag and possession limits for

general waterfowl seasons and those

early seasons for which States

previously deferred selection. This

document corrects errors in the season

dates and other pertinent information

for the States of Florida, Idaho, and

Tennessee.

DATES: This rule was effective on

September 29, 2000.

FOR FURTHER INFORMATION CONTACT: Jon

Andrew, Chief, Division of Migratory

Bird Management, U.S. Fish and

Wildlife Service, Department of the

Interior, (703) 358–1714.

SUPPLEMENTARY INFORMATION: In the

September 28, 2000, Federal Register

(65 FR 58314), we published a final rule

prescribing hunting seasons, hours,

areas, and daily bag and possession

limits for general waterfowl seasons,

certain other migratory bird seasons,

and those early seasons for which States

previously deferred selection. The rule

contained errors in the introductory

language for several sections and entries

for Florida, Idaho, and Tennessee,

which are discussed briefly below and

corrected by this notice.

We received public comment on the

proposed rules for the seasons and

limits established by the September 28

final rule. We addressed these

comments in the August 23, 2000, (65

FR 51496) and September 27, 2000, (65

FR 58152) Federal Register. The

corrections are typographical in nature

and involve no change in substance in

the contents of the prior proposed and

final rules.

§ 20.104 [Corrected]

1. On page 58316 under the heading

Seasons, limits, and shooting hours for

rails, woodcock, and common snipe, the

second introductory paragraph is

corrected to read ‘‘Shooting and

hawking hours are one-half hour before

sunrise until sunset, except as otherwise

restricted by State regulations. Area

descriptions were published in the

August 23, 2000, (65 FR 51496) and

September 27, 2000, (65 FR 58152)

Federal Register.’’

2. On page 58316 under the heading

Pacific Flyway, the heading ‘‘Idaho’’ is

inserted above the heading Nevada;

under the heading Idaho, the

subheading ‘‘Zone 1’’ is inserted; across

from the subheading Zone 1, the season

dates of ‘‘Oct. 7–Jan. 19’’ are inserted in

the column for common snipe; under

the subheading Zone 1, the subheading

‘‘Zone 2 & 3’’ is inserted; across from the

subheading Zone 2 & 3, the season dates

of ‘‘Oct. 7–Oct. 18 & Oct. 21–Jan. 21’’ are

inserted in the column for common

snipe.

§ 20.105 [Corrected]

1. On page 58317 under the heading

Seasons, limits, and shooting hours for

waterfowl, coots, and gallinules, the

second introductory paragraph is

corrected to read ‘‘Shooting and

hawking hours are one-half hour before

sunrise until sunset, except as otherwise

restricted by State regulations. Area

descriptions were published in the

August 23, 2000, (65 FR 51496) and

September 27, 2000, (65 FR 58152)

Federal Register.’’

2. On page 58325 under the heading

Tennessee, subheading Geese,

subheading Light Geese, the possession

limit of ‘‘30’’ is corrected to read

‘‘none.’’

3. On page 58330 under the heading

Florida, the season dates ‘‘Jan. 27 &’’ are

corrected to read ‘‘Jan. 27 & 28.’’

§ 20.107 [Corrected]

1. On page 58332 footnote (3) is

corrected to read, ‘‘Harvests of

trumpeter swans will be limited by

quotas established in the September 27,

2000, Federal Register (65 FR 58152).

When it has been determined that the

quota of trumpeter swans allotted to

Nevada and Utah will have been filled,

the season for taking of any swan

species in the respective State will be

closed by either the Director upon

giving public notice through local

information media at least 48 hours in

advance of the time and date of closing,

or by the State through State regulations

with such notice and time (not less than

48 hours) as they deem necessary.’’

§ 20.109 [Corrected]

1. On page 58332 under the heading

Extended seasons, limits, and hours for

taking migratory game birds by falconry,

the second introductory paragraph is

corrected to read ‘‘Hawking hours are

one-half hour before sunrise until

sunset, except as otherwise restricted by

State regulations. Area descriptions

were published in the August 23, 2000,

(65 FR 51496) and September 27, 2000,

(65 FR 58152) Federal Registers.’’

Dated: December 15, 2000.

Kenneth L. Smith,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 01–372 Filed 1–4–01; 8:45 am]

BILLING CODE 4310–55–P