81 FR 13287 - Revised Procedural Schedule In Stand-Alone Cost Cases
SURFACE TRANSPORTATION BOARD Federal Register Volume 81, Issue 49 (March 14, 2016)
Federal Register Volume 81, Issue 49 (March 14, 2016)
| Page Range | 13287-13288 | |
| FR Document | 2016-05664 |
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)] [Rules and Regulations] [Pages 13287-13288] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05664] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD 49 CFR Part 1111 [Docket No. EP 732] Revised Procedural Schedule In Stand-Alone Cost Cases AGENCY: Surface Transportation Board. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Surface Transportation Board (Board or STB) is revising its regulations by adjusting the procedural schedule in stand-alone cost (SAC) cases to conform with the Surface Transportation Board Reauthorization Act of 2015 (STB Reauthorization Act). DATES: This rule is effective on April 8, 2016. This rule is not applicable to SAC cases filed before the STB Reauthorization Act's enactment date of December 18, 2015. ADDRESSES: Information or questions regarding these final rules should reference Docket No. EP 732 and be in writing addressed to: Chief, Section of Administration, Office of Proceedings, Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe at (202) 245-0376. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] SUPPLEMENTARY INFORMATION: Because this administrative final rule amends agency practice and procedure, this action is exempt from the usual requirement for notice and an opportunity for public comment under 5 U.S.C. 553(b)(A) of the Administrative Procedure Act (APA). The Board is revising its regulations at 49 CFR 1111.8 so that the procedural schedule in SAC cases conforms with Section 11(b) of the STB Reauthorization Act.\1\ The Board intends to address implementation of other parts of Section 11 separately--including initiating a proceeding to assess procedures that are available to parties in litigation before courts to expedite litigation and the potential application of any such procedures to rate cases. The Board will also determine whether additional changes to the SAC case process are necessary in order for the Board to meet the expedited timeline for a final decision established under the STB Reauthorization Act. --------------------------------------------------------------------------- \1\ The Board is also revising the authority listed under Part 1111 to reflect the STB Reauthorization Act's redesignation of section 721 of Title 49 of the United States Code as section 1321. --------------------------------------------------------------------------- 49 CFR 1111.8, Procedural Schedule in SAC Cases Section (a) will be revised to adjust the schedule in SAC cases to conform to the STB Reauthorization Act. Furthermore, to reconcile the SAC case schedule with determinations made in a prior rulemaking proceeding, the Board will amend its regulations to no longer require that the parties file evidence on the existence of product and geographic competition.\2\ Also, in line with the practice before the Board in recent SAC cases, only the complainant will file opening and rebuttal evidence, and only the defendant will file reply evidence. Both parties will continue to file final briefs. --------------------------------------------------------------------------- \2\ In 1998, the Board instituted a rulemaking proceeding to reconsider whether product and geographic competition should be eliminated as factors in determining market dominance in rail rate cases. The Board concluded that evidence of product and geographic competition should be excluded because such evidence was not required by 49 U.S.C. 10707(a) and because of the substantial burden its inclusion imposed on the parties and the Board. Mkt. Dominance Determinations--Prod. & Geographic Competition, 3 S.T.B. 937 (1998). Accordingly, evidence regarding product and geographic competition has not been considered by the Board in market dominance determinations since that time. --------------------------------------------------------------------------- The Board considers the day the complaint is filed to be Day 0. The deadlines for the conference of the parties (Day 7 or before) and the defendant's answer (Day 20) will remain the same as under the current rules. The deadline for discovery will move from Day 75 to Day 150. The complainant will have an additional 15 days (for a total of 60 days) from the close of discovery to submit its opening evidence. The defendant will continue to have 60 days from the deadline for opening evidence to file its reply evidence. The complainant will have an additional 5 days (for a total of 35 days) from the deadline for reply evidence to file its rebuttal evidence. The Board is adding two additional deadlines to Sec. 1111.8 in accordance with the STB Reauthorization Act. The first is that final briefs will be due 30 days after the deadline for rebuttal evidence.\3\ The second is that the Board will issue its decision no later than 180 days after the close of the evidentiary record. --------------------------------------------------------------------------- \3\ In order to expedite the adjudication of SAC cases, the STB Reauthorization Act provides that the Board must establish a schedule where final briefs are due ``not later than 60 days'' after the close of the evidentiary record. The purpose of the 30-day deadline for final briefs is to ensure that the Board has a full record of the parties' submissions as soon as practicable, thus facilitating a final decision. --------------------------------------------------------------------------- Because these changes relate solely to the rules of agency practice, procedure, and organization, they will be issued as final rules without requesting public comment. See 5 U.S.C. 553(b)(A). 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. List of Subjects in 49 CFR Part 1111 Administrative practice and procedure, Investigations. It is ordered: 1. The final rules set forth in the Appendix to this decision are adopted. Notice of the rules adopted here will be published in the Federal Register. 2. This decision is effective on the date of service. The rules are effective April 8, 2016. Decided: March 7, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Kenyatta Clay, Clearance Clerk. For the reasons set forth in the preamble, the Surface Transportation Board amends parts 1111 of title 49, chapter X, of the Code of Federal Regulations as follows: PART 1111--COMPLAINT AND INVESTIGATION PROCEDURES 0 1. Revise the authority citation for part 1111 to read as follows: Authority: 49 U.S.C. 10704, 11701, and 1321. 0 2. In Sec. 1111.8, revise paragraph (a) to read as follows: Sec. 1111.8 Procedural schedule in stand-alone cost cases. (a) Procedural schedule. Absent a specific order by the Board, the [[Page 13288]] following general procedural schedule will apply in stand-alone cost cases: Day 0--Complaint filed, discovery period begins. Day 7 or before--Conference of the parties convened pursuant to Sec. 1111.10(b). Day 20--Defendant's answer to complaint due. Day 150--Discovery completed. Day 210--Complainant files opening evidence on absence of intermodal and intramodal competition, variable cost, and stand-alone cost issues. Day 270--Defendant files reply evidence to complainant's opening evidence. Day 305--Complainant files rebuttal evidence to defendant's reply evidence. Day 335--Complainant and defendant file final briefs. Day 485 or before--The Board issues its decision. * * * * * [FR Doc. 2016-05664 Filed 3-11-16; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations 13287
Dated: March 1, 2016. expedite litigation and the potential will issue its decision no later than 180
V.B. Gifford, Jr., application of any such procedures to days after the close of the evidentiary
Captain, U.S. Coast Guard, Director of rate cases. The Board will also record.
Inspections and Compliance. determine whether additional changes Because these changes relate solely to
[FR Doc. 2016–05262 Filed 3–11–16; 8:45 am] to the SAC case process are necessary in the rules of agency practice, procedure,
BILLING CODE 9110–04–P order for the Board to meet the and organization, they will be issued as
expedited timeline for a final decision final rules without requesting public
established under the STB comment. See 5 U.S.C. 553(b)(A).
SURFACE TRANSPORTATION BOARD Reauthorization Act. The Regulatory Flexibility Act (RFA),
as amended by the Small Business
49 CFR 1111.8, Procedural Schedule in
49 CFR Part 1111 Regulatory Enforcement Fairness Act of
SAC Cases
1996, 5 U.S.C. 601–612, generally
[Docket No. EP 732] Section (a) will be revised to adjust requires an agency to prepare a
the schedule in SAC cases to conform to regulatory flexibility analysis of any rule
Revised Procedural Schedule In Stand-
the STB Reauthorization Act. subject to notice and comment
Alone Cost Cases
Furthermore, to reconcile the SAC case rulemaking requirements, unless the
AGENCY: Surface Transportation Board. schedule with determinations made in a agency certifies that the rule will not
ACTION: Final rule. prior rulemaking proceeding, the Board have a significant economic impact on
will amend its regulations to no longer a substantial number of small entities.
SUMMARY: The Surface Transportation require that the parties file evidence on Because the Board has determined that
Board (Board or STB) is revising its the existence of product and geographic notice and comment are not required
regulations by adjusting the procedural competition.2 Also, in line with the under the APA for this rulemaking, the
schedule in stand-alone cost (SAC) practice before the Board in recent SAC requirements of the RFA do not apply.
cases to conform with the Surface cases, only the complainant will file
Transportation Board Reauthorization opening and rebuttal evidence, and only List of Subjects in 49 CFR Part 1111
Act of 2015 (STB Reauthorization Act). the defendant will file reply evidence. Administrative practice and
DATES: This rule is effective on April 8, Both parties will continue to file final procedure, Investigations.
2016. This rule is not applicable to SAC briefs. It is ordered:
cases filed before the STB The Board considers the day the 1. The final rules set forth in the
Reauthorization Act’s enactment date of complaint is filed to be Day 0. The Appendix to this decision are adopted.
December 18, 2015. deadlines for the conference of the Notice of the rules adopted here will be
parties (Day 7 or before) and the published in the Federal Register.
ADDRESSES: Information or questions
defendant’s answer (Day 20) will remain 2. This decision is effective on the
regarding these final rules should
the same as under the current rules. The date of service. The rules are effective
reference Docket No. EP 732 and be in
deadline for discovery will move from April 8, 2016.
writing addressed to: Chief, Section of
Day 75 to Day 150. The complainant
Administration, Office of Proceedings, Decided: March 7, 2016.
will have an additional 15 days (for a
Surface Transportation Board, 395 E By the Board, Chairman Elliott, Vice
total of 60 days) from the close of
Street SW., Washington, DC 20423– Chairman Miller, and Commissioner
discovery to submit its opening
0001. Begeman.
evidence.
FOR FURTHER INFORMATION CONTACT: The defendant will continue to have Kenyatta Clay,
Nathaniel Bawcombe at (202) 245–0376. 60 days from the deadline for opening Clearance Clerk.
[Assistance for the hearing impaired is evidence to file its reply evidence. The For the reasons set forth in the
available through the Federal complainant will have an additional 5 preamble, the Surface Transportation
Information Relay Service (FIRS) at days (for a total of 35 days) from the Board amends parts 1111 of title 49,
1–800–877–8339.] deadline for reply evidence to file its chapter X, of the Code of Federal
SUPPLEMENTARY INFORMATION: Because rebuttal evidence. Regulations as follows:
this administrative final rule amends The Board is adding two additional
agency practice and procedure, this deadlines to § 1111.8 in accordance PART 1111—COMPLAINT AND
action is exempt from the usual with the STB Reauthorization Act. The INVESTIGATION PROCEDURES
requirement for notice and an first is that final briefs will be due 30
opportunity for public comment under days after the deadline for rebuttal ■ 1. Revise the authority citation for part
5 U.S.C. 553(b)(A) of the Administrative evidence.3 The second is that the Board 1111 to read as follows:
Procedure Act (APA). Authority: 49 U.S.C. 10704, 11701, and
2 In 1998, the Board instituted a rulemaking
The Board is revising its regulations at proceeding to reconsider whether product and
1321.
49 CFR 1111.8 so that the procedural geographic competition should be eliminated as ■ 2. In § 1111.8, revise paragraph (a) to
schedule in SAC cases conforms with factors in determining market dominance in rail
rate cases. The Board concluded that evidence of read as follows:
Section 11(b) of the STB
product and geographic competition should be
Reauthorization Act.1 The Board excluded because such evidence was not required § 1111.8 Procedural schedule in stand-
intends to address implementation of by 49 U.S.C. 10707(a) and because of the substantial alone cost cases.
other parts of Section 11 separately— burden its inclusion imposed on the parties and the (a) Procedural schedule. Absent a
jstallworth on DSK7TPTVN1PROD with RULES
including initiating a proceeding to Board. Mkt. Dominance Determinations—Prod. &
Geographic Competition, 3 S.T.B. 937 (1998).
specific order by the Board, the
assess procedures that are available to Accordingly, evidence regarding product and
parties in litigation before courts to geographic competition has not been considered by briefs are due ‘‘not later than 60 days’’ after the
the Board in market dominance determinations close of the evidentiary record. The purpose of the
1 The Board is also revising the authority listed since that time. 30-day deadline for final briefs is to ensure that the
under Part 1111 to reflect the STB Reauthorization 3 In order to expedite the adjudication of SAC Board has a full record of the parties’ submissions
Act’s redesignation of section 721 of Title 49 of the cases, the STB Reauthorization Act provides that as soon as practicable, thus facilitating a final
United States Code as section 1321. the Board must establish a schedule where final decision.
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![13288 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations
following general procedural schedule • Electronic Submission: Submit all Pacific cod apportioned to vessels using
will apply in stand-alone cost cases: electronic public comments via the pot gear in the Central Regulatory Area
Day 0—Complaint filed, discovery Federal e-Rulemaking Portal. Go to of the GOA. Therefore, in accordance
period begins. www.regulations.gov/ with § 679.25(a)(1)(i), (a)(2)(i)(C), and
Day 7 or before—Conference of the #!docketDetail;D=NOAA-NMFS-2014- (a)(2)(iii)(D), and to fully utilize the A
parties convened pursuant to 0118, click the ‘‘Comment Now!’’ icon, season allowance of the 2016 TAC of
§ 1111.10(b). complete the required fields, and enter Pacific cod in the Central Regulatory
Day 20—Defendant’s answer to or attach your comments. Area of the GOA, NMFS is terminating
complaint due. • Mail: Address written comments to
Day 150—Discovery completed. the previous closure and is reopening
Glenn Merrill, Assistant Regional directed fishing for Pacific cod by
Day 210—Complainant files opening Administrator, Sustainable Fisheries
evidence on absence of intermodal and vessels using pot gear in the Central
Division, Alaska Region NMFS, Attn: Regulatory Area of the GOA. The
intramodal competition, variable cost, Ellen Sebastian. Mail comments to P.O.
and stand-alone cost issues. Administrator, Alaska Region (Regional
Box 21668, Juneau, AK 99802–1668. Administrator) considered the following
Day 270—Defendant files reply
Instructions: Comments sent by any
evidence to complainant’s opening factors in reaching this decision: (1) The
other method, to any other address or
evidence. current catch of Pacific cod in the
Day 305—Complainant files rebuttal individual, or received after the end of
Central Regulatory Area of the GOA
evidence to defendant’s reply evidence. the comment period, may not be
considered by NMFS. All comments and, (2) the harvest capacity and stated
Day 335—Complainant and defendant intent on future harvesting patterns of
file final briefs. received are a part of the public record
and will generally be posted for public vessels in participating in this fishery.
Day 485 or before—The Board issues
its decision. viewing on www.regulations.gov Classification
* * * * * without change. All personal identifying
[FR Doc. 2016–05664 Filed 3–11–16; 8:45 am] information (e.g., name, address), This action responds to the best
BILLING CODE 4915–01–P
confidential business information, or available information recently obtained
otherwise sensitive information from the fishery. The Assistant
submitted voluntarily by the sender will Administrator for Fisheries, NOAA
DEPARTMENT OF COMMERCE be publicly accessible. NMFS will (AA), finds good cause to waive the
accept anonymous comments (enter requirement to provide prior notice and
National Oceanic and Atmospheric ‘‘N/A’’ in the required fields if you wish opportunity for public comment
Administration to remain anonymous). Attachments to pursuant to the authority set forth at 5
electronic comments will be accepted in U.S.C. 553(b)(B) as such requirement is
50 CFR Part 679 Microsoft Word, Excel, or Adobe PDF impracticable and contrary to the public
file formats only. interest. This requirement is
[Docket No. 140918791–4999–02]
FOR FURTHER INFORMATION CONTACT: impracticable and contrary to the public
RIN 0648–XE496 Obren Davis, 907–586–7228. interest as it would prevent NMFS from
SUPPLEMENTARY INFORMATION: NMFS responding to the most recent fisheries
Fisheries of the Exclusive Economic
manages the groundfish fishery in the data in a timely fashion and would
Zone Off Alaska; Pacific Cod in the
GOA exclusive economic zone delay the opening of directed fishing for
Central Regulatory Area of the Gulf of
according to the Fishery Management Pacific cod in the Central Regulatory
Alaska
Plan for Groundfish of the Gulf of Area of the GOA. NMFS was unable to
AGENCY: National Marine Fisheries Alaska (FMP) prepared by the North publish a notice providing time for
Service (NMFS), National Oceanic and Pacific Fishery Management Council public comment because the most
Atmospheric Administration (NOAA), under authority of the Magnuson- recent, relevant data only became
Commerce. Stevens Fishery Conservation and available as of March 8, 2016.
ACTION: Temporary rule; opening; Management Act. Regulations governing
The AA also finds good cause to
request for comments. fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50 waive the 30-day delay in the effective
SUMMARY: NMFS is opening directed CFR part 600 and 50 CFR part 679. date of this action under 5 U.S.C.
fishing for Pacific cod by vessels using The A season allowance of the 2016 553(d)(3). This finding is based upon
pot gear in the Central Regulatory Area Pacific cod total allowable catch (TAC) the reasons provided above for waiver of
of the Gulf of Alaska (GOA). This action apportioned to vessels using pot gear in prior notice and opportunity for public
is necessary to fully use the A season the Central Regulatory Area of the GOA comment.
allowance of the 2016 total allowable is 6,528 metric tons (mt), as established Without this inseason adjustment,
catch of Pacific cod apportioned to by the final 2015 and 2016 harvest NMFS could not allow the fishery for
vessels using pot gear in the Central specifications for groundfish of the GOA Pacific cod by vessels using pot gear in
Regulatory Area of the GOA. (80 FR 10250, February 25, 2015) and the Central Regulatory Area of the GOA
DATES: Effective 1200 hours, Alaska inseason adjustment (81 FR 188, January to be harvested in an expedient manner
local time (A.l.t.), March 12, 2016, 5, 2016). and in accordance with the regulatory
through 1200 hours, A.l.t., June 10, NMFS closed directed fishing for schedule. Under § 679.25(c)(2),
2016. Pacific cod by vessels using pot gear in interested persons are invited to submit
jstallworth on DSK7TPTVN1PROD with RULES
Comments must be received at the the Central Regulatory Area of the GOA written comments on this action to the
following address no later than 4:30 under § 679.20(d)(1)(iii) on February 1, above address until March 29, 2016.
p.m., A.l.t., March 29, 2016. 2016 (81 FR 5628, February 3, 2016).
ADDRESSES: You may submit comments As of March 8, 2016, NMFS has This action is required by § 679.25
on this document, identified by FDMS determined that approximately 525 and is exempt from review under
Docket Number NOAA–NMFS–2014– metric tons of Pacific cod remain in the Executive Order 12866.
0118, by any of the following methods: A season directed fishing allowance for Authority: 16 U.S.C. 1801 et seq.
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Document Created: 2016-03-12 01:00:54
Document Modified: 2016-03-12 01:00:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on April 8, 2016. This rule is not applicable to SAC cases filed before the STB Reauthorization Act's enactment date of December 18, 2015. | |
| Contact | Nathaniel Bawcombe at (202) 245-0376. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] | |
| FR Citation | 81 FR 13287 | |
| CFR Associated | Administrative Practice and Procedure and Investigations |
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