81 FR 8000 - Information Required in Notices and Petitions Containing Interchange Commitments

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 31 (February 17, 2016)

Page Range		8000-8001
FR Document		2016-03199

The Surface Transportation Board (STB or Board) is issuing a final rule to insert language that was inadvertently omitted when an amended rule was promulgated on September 5, 2013. This decision is effective on its date of publication.

Federal Register, Volume 81 Issue 31 (Wednesday, February 17, 2016)

[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Rules and Regulations]
[Pages 8000-8001]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03199]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1180

[Docket No. EP 714]


Information Required in Notices and Petitions Containing 
Interchange Commitments

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (STB or Board) is issuing a 
final rule to insert language that was inadvertently omitted when an 
amended rule was promulgated on September 5, 2013. This decision is 
effective on its date of publication.

DATES: This rule is effective on February 17, 2016.

FOR FURTHER INFORMATION CONTACT: Amy C. Ziehm at (202) 245-0391. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: On September 5, 2013, the Board, with Vice 
Chairman Begeman dissenting, adopted final rules that established 
additional disclosure requirements for notices and petitions for 
exemption where the underlying lease or line sale includes an 
interchange commitment. Information Required in Notices and Petitions 
Containing Interchange Commitments (2013 Final Rules), EP 714 (STB 
served Sept. 5, 2013). Interchange commitments are ``contractual 
provisions included with a sale or lease of a rail line that limit the 
incentive or the ability of the purchaser or tenant carrier to 
interchange traffic with rail carriers other than the seller or lessor 
railroad.'' Review of Rail Access & Competition Issues--Renewed Pet. of 
the W. Coal Traffic League, EP 575, slip op. at 1 (STB served Oct. 30, 
2007). The purpose of this rulemaking was to improve the ability of the 
Board and affected parties to determine at the outset whether a 
transaction that includes an interchange commitment is appropriate for 
the exemption process or raises competitive issues that require a more 
detailed examination.
    The 2013 Final Rules' addition of a requirement to certify the 
existence of any interchange commitments was intended to apply to all 
notices and petitions for exemption involving transactions where the 
underlying lease or line sale could include an interchange commitment. 
2013 Final Rules 1, 3. The Board included such language in the amended 
versions of 1121.3(d)(1), 1150.33(h)(1), and 1150.43(h)(1). Due to an 
oversight, however, the introductory language of 49 CFR 1180.4(g)(4)(i) 
was not modified. This inadvertent error will now be addressed by 
amending 49 CFR 1180.4(g)(4)(i). Specifically, 49 CFR 1180.4(g)(4)(i) 
will now state that the filing party must certify whether or not a 
proposed acquisition or operation of a rail line involves a provision 
or agreement that may limit future interchange with a third-party 
connecting carrier, whether by outright prohibition, per-car penalty, 
adjustment in the purchase price or rental, positive

[[Page 8001]]

economic inducement, or other means (``interchange commitment''). 
Futhermore, 49 CFR 1180.4(g)(4)(i) will now state that if such a 
provision or agreement exists, additional information must be provided 
(the information in paragraphs (g)(4)(i)(B), (D), and (G) of this 
section may be filed with the Board under 49 CFR 1104.14(a) and will be 
kept confidential without need for the filing of an accompanying motion 
for a protective order under 49 CFR 1104.14(b)).
    As this action relates solely to the rules of agency practice and 
procedure, it will be issued as a final rule without requesting public 
comment.\1\ 5 U.S.C. 553(b)(3)(A).
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    \1\ Board procedures allow for the issue of final rules without 
notice or comment when those rules are interpretive, general 
statements of policy, or relate to organization, procedure, or 
practice before the Board. See 49 CFR 1110.3(a).
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    In the 2013 Final Rules, the Board certified that the rules as 
amended would not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612. 2013 Final Rules 8. 
The Board further analyzed the burdens associated with the additional 
filing requirements pursuant to Paperwork Reduction Act (PRA), 44 
U.S.C. 3501-3549 and stated its belief that the additional disclosure 
requirements would not discourage parties from entering into 
efficiency-enhancing transactions. See 2013 Final Rules 6, 8. Those 
analyses and conclusions apply equally to this decision, and therefore, 
we adopt those analyses and conclusions and certify under 5 U.S.C. 
605(b) that this final rule will not have a significant economic impact 
on a substantial number of small entities within the meaning of the 
RFA.

List of Subjects in 49 CFR Part 1180

    Administrative practice and procedure, Railroads, Reporting and 
recordkeeping requirements.

    It is ordered:
    1. The Board adopts the final rule as set forth in this decision. 
Notice of the adopted rules will be published in the Federal Register.
    2. This decision is effective on the date of publication.

    By the Board, Chairman Elliot, Vice Chairman Miller, and 
Commissioner Begman.
Raina S. Contee,
Clearance Clerk.

    For the reasons set forth in the preamble, the Surface 
Transportation Board amends part 1180 title 49, chapter X, of the Code 
of Federal Regulations as follows:

PART 1180--RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION 
PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES

0
1. The authority 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.


0
2. Amend Sec.  1180.4 by revising paragraphs (g)(4)(i) introductory 
text to read as follows:


1180.4  Procedures.

* * * * *
    (g) * * *
    (4) Transactions imposing interchange commitments. (i) The filing 
party must certify whether or not a proposed acquisition or operation 
of a rail line involves a provision or agreement that may limit future 
interchange with a third-party connecting carrier, whether by outright 
prohibition, per-car penalty, adjustment in the purchase price or 
rental, positive economic inducement, or other means (``interchange 
commitment''). If such a provision or agreement exists, the following 
additional information must be provided (the information in paragraphs 
(g)(4)(i)(B), (D), and (G) of this section may be filed with the Board 
under 49 CFR 1104.14(a) and will be kept confidential without need for 
the filing of an accompanying motion for a protective order under 49 
CFR 1104.14(b)):
* * * * *
[FR Doc. 2016-03199 Filed 2-16-16; 8:45 am]
BILLING CODE 4915-01-P

8000 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations

for Universal Service Support, Connect data in company-specific form unless inadvertently omitted when an
America Fund. directed to do so by the Commission. amended rule was promulgated on
Form Number: FCC Forms 497, 481 & Needs and Uses: In June 2015, the September 5, 2013. This decision is
555. Commission adopted an order reforming effective on its date of publication.
Type of Review: Revision of a its low-income universal service DATES: This rule is effective on February
currently approved collection. support mechanisms. Lifeline and Link 17, 2016.
Respondents: Individuals or Up Reform and Modernization; FOR FURTHER INFORMATION CONTACT:
households and business or other for- Telecommunications Carriers Eligible Amy C. Ziehm at (202) 245–0391.
profit. for Universal Service Support; Connect Assistance for the hearing impaired is
Number of Respondents: 28,009,115 America Fund, WC Docket Nos. 11–42, available through the Federal
respondents; 30,541,922 responses. 09–197, 10–90, Second Further Notice Information Relay Service (FIRS) at
Estimated Time per Response: 0.0167 of Proposed Rulemaking, Order on (800) 877–8339.
hours to 250 hours. Reconsideration, Second Report and
Frequency of Response: Daily or SUPPLEMENTARY INFORMATION: On
Order, and Memorandum Opinion and September 5, 2013, the Board, with Vice
monthly, every 60 days, annual, Order, (Lifeline Second Reform Order).
biennial, on occasion reporting Chairman Begeman dissenting, adopted
This revised information collection final rules that established additional
requirements, third party disclosure addresses requirements to carry out the
requirement and record keeping disclosure requirements for notices and
reforms to which the Commission petitions for exemption where the
requirement. committed itself in the Lifeline Second
Obligation to Respond: Required to underlying lease or line sale includes an
Reform Order. Under this information interchange commitment. Information
obtain or retain benefits. Statutory collection, the Commission will
authority is contained in Section 1, 4(i), Required in Notices and Petitions
implement the revised rules adopted in Containing Interchange Commitments
201–205, 214, 254, and 403 of the the 2015 Lifeline Second Reform Order,
Communications Act of 1934, as (2013 Final Rules), EP 714 (STB served
regarding the retention of subscriber Sept. 5, 2013). Interchange
amended, 47 U.S.C. 1, 4(i), 201–205, eligibility documentation, eligible
214, 254 and 403. commitments are ‘‘contractual
telecommunications carrier (ETC) provisions included with a sale or lease
Total Annual Burden: 22,064,798
designation, and ETC reimbursement of a rail line that limit the incentive or
hours.
Total Annual Cost: None. under the Lifeline program; update the the ability of the purchaser or tenant
Privacy Act Impact Assessment: Yes. number of respondents for all the carrier to interchange traffic with rail
The Commission completed a Privacy existing information collection carriers other than the seller or lessor
Impact Assessment (PIA) for some of the requirements, thus increasing the total railroad.’’ Review of Rail Access &
information collection requirements burden hours for some requirements Competition Issues—Renewed Pet. of
contain in this collection. The PIA was and decreasing the total burden hours the W. Coal Traffic League, EP 575, slip
published in the Federal Register at 78 for other requirements; eliminate some op. at 1 (STB served Oct. 30, 2007). The
FR 73535 on December 6, 2013. The PIA requirements as part of this information purpose of this rulemaking was to
may be reviewed at: http://www.fcc.gov/ collection, because they are no longer improve the ability of the Board and
omd/privacyact/Privacy_Impact_ applicable; revise the FCC Form 555 and affected parties to determine at the
Assessment.html. the accompanying instructions to outset whether a transaction that
Nature and Extent of Confidentiality: require ETCs to provide a Service includes an interchange commitment is
Some of the requirements contained in Provider Identification Number (SPIN); appropriate for the exemption process
this information collection does affect and make non-substantive changes to or raises competitive issues that require
individuals or households, and thus, this information collection, pursuant to a more detailed examination.
there are impacts under the Privacy Act. 44 U.S.C. 3507, to update the FCC Form The 2013 Final Rules’ addition of a
The FCC’s system of records notice 497 Instructions. These updates do not requirement to certify the existence of
(SORN), FCC/WCB–1, ‘‘Lifeline modify the burdens or costs contained any interchange commitments was
Program.’’ The Commission will use the in this information collection. intended to apply to all notices and
information contained in FCC/WCB–1 Federal Communications Commission. petitions for exemption involving
to cover the personally identifiable Marlene H. Dortch, transactions where the underlying lease
information (PII) that is required as part Secretary. or line sale could include an
of the Lifeline Program (‘‘Lifeline’’). As [FR Doc. 2016–03075 Filed 2–16–16; 8:45 am]
interchange commitment. 2013 Final
required by the Privacy Act of 1974, as Rules 1, 3. The Board included such
BILLING CODE 6712–01–P
amended, 5 U.S.C. 552a, the language in the amended versions of
Commission also published a SORN, 1121.3(d)(1), 1150.33(h)(1), and
FCC/WCB–1 ‘‘Lifeline Program’’ in the 1150.43(h)(1). Due to an oversight,
SURFACE TRANSPORTATION BOARD however, the introductory language of
Federal Register on December 6, 2013
(78 FR 73535). 49 CFR Part 1180 49 CFR 1180.4(g)(4)(i) was not modified.
Also, respondents may request This inadvertent error will now be
materials or information submitted to [Docket No. EP 714] addressed by amending 49 CFR
the Commission or to the Universal 1180.4(g)(4)(i). Specifically, 49 CFR
Service Administrative Company Information Required in Notices and 1180.4(g)(4)(i) will now state that the
Petitions Containing Interchange
asabaliauskas on DSK5VPTVN1PROD with RULES

(USAC or Administrator) be withheld filing party must certify whether or not
from public inspection under 47 CFR Commitments a proposed acquisition or operation of a
0.459 of the FCC’s rules. We note that AGENCY: Surface Transportation Board. rail line involves a provision or
USAC must preserve the confidentiality ACTION: Final rule. agreement that may limit future
of all data obtained from respondents; interchange with a third-party
must not use the data except for SUMMARY: The Surface Transportation connecting carrier, whether by outright
purposes of administering the universal Board (STB or Board) is issuing a final prohibition, per-car penalty, adjustment
service programs; and must not disclose rule to insert language that was in the purchase price or rental, positive

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Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 8001

economic inducement, or other means PART 1180—RAILROAD ACQUISITION, extended the maximum term of
(‘‘interchange commitment’’). CONTROL, MERGER, programmatic permits to 30 years.
Futhermore, 49 CFR 1180.4(g)(4)(i) will CONSOLIDATION PROJECT, Pursuant to the U.S. District Court for
now state that if such a provision or TRACKAGE RIGHTS, AND LEASE the Northern District of California’s
agreement exists, additional information PROCEDURES order dated August 11, 2015, and
must be provided (the information in subsequent order amending judgment
paragraphs (g)(4)(i)(B), (D), and (G) of ■ 1. The authority for part 1180 dated September 16, 2015, this rule
this section may be filed with the Board continues to read as follows: removes regulatory provisions that
under 49 CFR 1104.14(a) and will be Authority: 5 U.S.C. 553 and 559; 11 U.S.C. extended maximum programmatic
kept confidential without need for the 1172; 49 U.S.C. 721, 10502, 11323–11325. permit duration1 to 30 years and
filing of an accompanying motion for a reinstates the previous 5-year limit.
■ 2. Amend § 1180.4 by revising
protective order under 49 CFR DATES: This action is effective February
paragraphs (g)(4)(i) introductory text to
1104.14(b)). 17, 2016.
As this action relates solely to the read as follows:
ADDRESSES: This final rule is available
rules of agency practice and procedure, 1180.4 Procedures. on the Internet at http://
it will be issued as a final rule without * * * * * www.regulations.gov at Docket No.
requesting public comment.1 5 U.S.C. (g) * * * FWS–HQ–MB–2015–0155. It will also
553(b)(3)(A). (4) Transactions imposing be available for inspection, by
In the 2013 Final Rules, the Board interchange commitments. (i) The filing appointment, during normal business
certified that the rules as amended hours at U.S. Fish and Wildlife Service,
party must certify whether or not a
would not have a significant economic Headquarters Office, 5275 Leesburg
proposed acquisition or operation of a
impact on a substantial number of small Pike, Falls Church, Virginia 22041–
rail line involves a provision or
entities within the meaning of the 3803. Call (703) 358–2329 to make
agreement that may limit future
Regulatory Flexibility Act of 1980 arrangements.
interchange with a third-party
(RFA), 5 U.S.C. 601–612. 2013 Final
connecting carrier, whether by outright FOR FURTHER INFORMATION CONTACT:
Rules 8. The Board further analyzed the
prohibition, per-car penalty, adjustment Eliza Savage, Eagle Program Manager, at
burdens associated with the additional
in the purchase price or rental, positive the Headquarters Office (see ADDRESSES)
filing requirements pursuant to
economic inducement, or other means or telephone (703) 358–2329.
Paperwork Reduction Act (PRA), 44
(‘‘interchange commitment’’). If such a Individuals who are hearing impaired or
U.S.C. 3501–3549 and stated its belief
provision or agreement exists, the speech impaired may call the Federal
that the additional disclosure
following additional information must Relay Service at 1–800–877–8337 for
requirements would not discourage
be provided (the information in TTY assistance.
parties from entering into efficiency-
paragraphs (g)(4)(i)(B), (D), and (G) of SUPPLEMENTARY INFORMATION:
enhancing transactions. See 2013 Final
this section may be filed with the Board
Rules 6, 8. Those analyses and Background
under 49 CFR 1104.14(a) and will be
conclusions apply equally to this
kept confidential without need for the In 2009, the Service published a rule
decision, and therefore, we adopt those
filing of an accompanying motion for a authorizing the incidental take of eagles
analyses and conclusions and certify
protective order under 49 CFR under the Bald and Golden Eagle
under 5 U.S.C. 605(b) that this final rule
1104.14(b)): Protection Act (16 U.S.C. 668–668d) (74
will not have a significant economic
impact on a substantial number of small * * * * * FR 46836, September 11, 2009). The
entities within the meaning of the RFA. [FR Doc. 2016–03199 Filed 2–16–16; 8:45 am] rule authorized programmatic permits to
BILLING CODE 4915–01–P cover long-term, incidental take of
List of Subjects in 49 CFR Part 1180 eagles by individual projects, including
Administrative practice and wind-energy facilities. On December 9,
procedure, Railroads, Reporting and DEPARTMENT OF THE INTERIOR 2013, the Service published a rule to
recordkeeping requirements. extend the maximum tenure for
It is ordered: Fish and Wildlife Service programmatic permits for
1. The Board adopts the final rule as nonpurposeful take of eagles from 5 to
set forth in this decision. Notice of the 50 CFR Parts 13 and 22 30 years (78 FR 73704). The change was
adopted rules will be published in the [Docket No. FWS–HQ–MB–2015–0155; intended to promote the responsible
Federal Register. FF09M21200–167–FXMB123209EAGL0L2] development of projects that will be in
2. This decision is effective on the operation for many decades and bring
RIN 1018–BB20 them into compliance with statutory
date of publication.
By the Board, Chairman Elliot, Vice
mandates protecting eagles. In addition
Eagle Permits; Removal of Regulations
Chairman Miller, and Commissioner Begman. to extending the maximum term of
Extending Maximum Permit Duration
Raina S. Contee, programmatic permits, the rule added
of Programmatic Nonpurposeful Take
provisions for 5-year evaluations of
Clearance Clerk. Permits
longer term permits, increased the
For the reasons set forth in the AGENCY: Fish and Wildlife Service, permit application processing fees for
preamble, the Surface Transportation Interior. programmatic eagle permits, and
asabaliauskas on DSK5VPTVN1PROD with RULES

Board amends part 1180 title 49, chapter provided permit transfer and right-of-
ACTION: Final rule.
X, of the Code of Federal Regulations as succession for eagle nonpurposeful take
follows: SUMMARY: We, the U.S. Fish and permits.
Wildlife Service (Service), are issuing In 2014, a lawsuit was filed
1 Board procedures allow for the issue of final
this final rule to comply with a court challenging the 2013 rule on the basis
rules without notice or comment when those rules
are interpretive, general statements of policy, or
order that had the effect of vacating that the Service improperly excluded
relate to organization, procedure, or practice before provisions of regulations governing analysis of any environmental effects of
the Board. See 49 CFR 1110.3(a). eagle nonpurposeful take permits that the rule under the National

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Document Created: 2016-02-17 01:16:46
Document Modified: 2016-02-17 01:16:46

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 February 17, 2016.
Contact		Amy C. Ziehm at (202) 245-0391. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339.
FR Citation		81 FR 8000
CFR Associated		Administrative Practice and Procedure; Railroads and Reporting and Recordkeeping Requirements