81_FR_8883 81 FR 8848 - Improving Regulation and Regulatory Review

81 FR 8848 - Improving Regulation and Regulatory Review

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8848-8857
FR Document2016-03298

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.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016) 
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Rules and Regulations]
[Pages 8848-8857]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03298]


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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.

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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.

[[Page 8849]]


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\
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    \1\ We 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.
    \2\ These changes were proposed in Accelerating Reporting 
Requirements for Class I Railroads, EP 701 (STB served July 8, 
2015).
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    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.

[[Page 8850]]

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

0
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.


Sec.  1001.3  [Amended]

0
2. In Sec.  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

0
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.


Sec.  1002.2  [Amended]

0
4. In Sec.  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

0
5. The authority citation for Part 1005 continues to read as follows:

    Authority:  49 U.S.C. 721, 11706, 14706, 15906.


0
6. Revise Sec.  1005.5 to read as follows:


Sec.  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

0
7. The authority citation for Part 1007 continues to read as follows:

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


Sec.  1007.6  [Amended]

0
8. In Sec.  1007.6:
0
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''.
0
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

0
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.


0
10. Revise the first sentence of Sec.  1011.2(a)(7) to read as follows:


Sec.  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 Sec.  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 Sec.  1011.7(b). * * *
* * * * *


Sec.  1011.4  [Amended]

0
11. In Sec.  1011.4(a)(7), remove ``section 308 of the Regional Rail 
Reorganization

[[Page 8851]]

Act of 1973'' and add in its place ``section 308 of the Regional Rail 
Reorganization Act of 1973, 45 U.S.C. 748,''.


Sec.  1011.6  [Amended]

0
12. In Sec.  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,''.


0
13. In Sec.  1011.7:
0
a. Revise paragraph (a)(1).
0
b. In paragraph (a)(2)(xvii), remove the word ``meditation'' and add in 
its place the word ``mediation''.
0
c. Add paragraph (b)(6).
    The revision and addition read as follows:


Sec.  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

0
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.


Sec.  1012.3  [Amended]

0
15. In Sec.  1012.3:
0
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''.
0
b. Remove paragraph (d).
0
c. Redesignate paragraph (e) as paragraph (d).
0
d. Redesignate paragraph (f) as paragraph (e).

PART 1013--GUIDELINES FOR THE PROPER USE OF VOTING TRUSTS

0
16. The authority citation for Part 1013 continues to read as follows:

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


Sec.  1013.2  [Amended]

0
17. In Sec.  1013.2(d), remove the reference to ``49 U.S.C. 11343'' and 
add in its place ``49 U.S.C. 11323''.


0
18. Revise Sec.  1013.3(c) to read as follows:


Sec.  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

0
19. The authority citation for Part 1014 continues to read as follows:

    Authority: 29 U.S.C. 794.


Sec.  1014.110  [Removed]

0
20. Remove Sec.  1014.110.

PART 1016--SPECIAL PROCEDURES GOVERNING THE RECOVERY OF EXPENSES BY 
PARTIES TO BOARD ADJUDICATORY PROCEEDINGS

0
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.


Sec.  1016.103  [Amended]

0
22. In Sec.  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''.


Sec.  1016.105  [Amended]

0
23. In Sec.  1016.105:
0
a. In paragraph (a), remove ``The term `party'is defined'' and add in 
its place ``The term `party' is defined''.
0
b. In paragraph (b)(3), remove the reference to ``Internal Revenue Code 
of 1954'' and add in its place ``Internal Revenue Code of 1986''.

0
24. Revise the first sentence of Sec.  1016.107(b) to read as follows:


Sec.  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. * * *
* * * * *


Sec.  1016.202  [Amended]

0
25. In Sec.  1016.202(a), remove the reference to ``Sec.  1016.105(f)'' 
and add in its place ``Sec.  1016.105(e)''.

PART 1017--DEBT COLLECTION--COLLECTION BY OFFSET FROM INDEBTED 
GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES

0
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.


Sec.  1017.9  [Amended]

0
27. In Sec.  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

0
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.

0
29. Revise Sec.  1018.3 to read as follows:


Sec.  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.


Sec.  1018.6  [Amended]

0
30. In Sec.  1018.6(a), remove the reference to ``4 CFR parts 101 
through 105'' and add in its place ``31 CFR parts 900 through 904''.


Sec.  1018.8  [Amended]

0
31. In Sec.  1018.8, remove the words ``compromising or suspending or 
terminating collection'' and add in their place ``compromising, 
suspending, or terminating''.


Sec.  1018.20  [Amended]

0
32. In Sec.  1018.20:
0
a. In paragraph (a)(4), remove the reference to ``4 CFR 102.13'' and 
add in its place ``31 CFR 901.9''.
0
b. In paragraph (b)(3)(iii), remove the reference to ``4 CFR 102.5'' 
and add in its place ``31 CFR 901.4''.

[[Page 8852]]

Sec.  1018.25  [Amended]

0
33. In Sec.  1018.25:
0
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''.
0
b. In paragraph (a), remove the words ``or insurance filing fee''.
0
c. In paragraph (b), remove the words ``or insurance'' wherever they 
appear.
0
d. In paragraph (d), remove the words ``or insurance'' wherever they 
appear.
0
e. In the heading of paragraph (d), remove the words ``privileges or 
certificates,'' and add in their place ``privileges, certificates,''.


Sec.  1018.28  [Amended]

0
34. In Sec.  1018.28:
0
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''.
0
b. In paragraph (b), remove the reference to ``4 CFR 102.4'' and add in 
its place ``31 CFR 901.3(e)''.
0
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)''.


Sec.  1018.30  [Amended]

0
35. In Sec.  1018.30:
0
a. In paragraph (a), remove the reference to ``4 CFR 102.13'' and add 
in its place ``31 CFR 901.9''.
0
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''.


Sec.  1018.51  [Amended]

0
36. In Sec.  1018.51:
0
a. In paragraph (a)(3), remove the reference to ``4 CFR 103.4'' and add 
in its place ``31 CFR 902.2''.
0
b. In paragraph (b), remove the reference to ``4 CFR part 103'' and add 
in its place ``31 CFR part 902''.


Sec.  1018.72  [Amended]

0
37. In Sec.  1018.72(d), remove the reference to ``4 CFR 105.2'' and 
add in its place ``31 CFR 904.2''.

0
38. Amend Sec.  1018.91 as follows:
0
a. At the end of paragraphs (b)(3) and (b)(4), remove the periods and 
add semicolons in their place.
0
b. Revise paragraph (b)(7).
0
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:


Sec.  1018.91  Applicability and scope.

* * * * *
    (b) * * *
    (7) Is at least $25.00; and
* * * * *

PART 1019--REGULATIONS GOVERNING CONDUCT OF SURFACE TRANSPORTATION 
BOARD EMPLOYEES

0
39. The authority citation for Part 1019 continues to read as follows:

    Authority:  49 U.S.C. 721.


Sec.  1019.2  [Amended]

0
40. In Sec.  1019.2(a), remove the title ``Executive Counsel'' and add 
in its place ``General Counsel''.

PART 1021--ADMINISTRATIVE COLLECTION OF ENFORCEMENT CLAIMS

0
41. The authority citation for Part 1021 continues to read as follows:

    Authority:  31 U.S.C. 3701, 3711, 3717, 3718.

0
42. Revise Sec.  1021.1 to read as follows:


Sec.  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

0
43. The authority citation for Part 1034 continues to read as follows:

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


Sec.  1034.1  [Amended]

0
44. In Sec.  1034.1:
0
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''.
0
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

0
45. The authority citation for Part 1035 continues to read as follows:

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


0
46. In Appendix A to Part 1035 remove ``, 19__'' and add in its place 
``, 20____''.

0
47. In Appendix B to Part 1035, remove ``4. (a)'' and add in its place 
``Sec. 4. (a)''.

PART 1039--EXEMPTIONS

0
48. The authority citation for Part 1039 continues to read as follows:

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


Sec.  1039.12  [Removed]

0
49. Remove Sec.  1039.12.


Sec.  1039.14  [Amended]

0
50. Amend Sec.  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).


Sec.  1039.21  [Removed]

0
51. Remove Sec.  1039.21.


Sec.  1039.22  [Amended]

0
52. In Sec.  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

0
53. The authority citation for Part 1090 continues to read as follows:

    Authority: 49 U.S.C. 721.


Sec.  1090.2  [Amended]

0
54. In Sec.  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

0
55. The authority citation for Part 1101 continues to read as follows:

    Authority: 49 U.S.C. 721.


Sec.  1101.2  [Amended]

0
56. In Sec.  1101.2(e)(1), remove the reference to ``1130.3'' and add 
in its place ``1130.2''.

PART 1102--COMMUNICATIONS

0
57. The authority citation for Part 1102 continues to read as follows:

    Authority: 49 U.S.C. 721.

[[Page 8853]]

Sec.  1102.2  [Amended]

0
58. In Sec.  1102.2(c)(1) and (2), remove the words ``joint board 
member, employee board member''.

PART 1103--PRACTITIONERS

0
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.


0
60. In Sec.  1103.3:
0
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)''.
0
b. Revise paragraph (h).
0
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)''.
0
d. Revise paragraph (o).
    The revisions read as follows:


Sec.  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.
* * * * *


Sec.  1103.16  [Amended]

0
61. In Sec.  1103.16(c), remove the words ``secrets or confidence'' and 
add in their place ``secrets or confidences''.

0
62. In Sec.  1103.20:
0
a. Revise paragraph (b).
0
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:


Sec.  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

0
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.


0
64. Amend Sec.  1104.3(a) by adding the following sentence at the end 
of the paragraph:


Sec.  1104.3  Copies.

    (a)* * * When confidential documents are filed, redacted versions 
must also be filed.
* * * * *

0
65. Revise Sec.  1104.5(c) to read as follows:


Sec.  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.


Sec.  1104.6  [Amended]

0
66. In the last sentence of Sec.  1104.6, remove ``5 p.m.'' and add in 
its place ``11:59 p.m.''

0
67. In Sec.  1104.12:
0
a. Amend Sec.  1104.12(a) by adding a sentence at the end of the 
paragraph.
0
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:


Sec.  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.
* * * * *

0
68. Amend Sec.  1104.14(a) by adding a sentence at the end of the 
paragraph to read as follows:


Sec.  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

0
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.


0
70. Revise Sec.  1105.2 to read as follows:


Sec.  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.

0
71. Revise Sec.  1105.3 to read as follows:


Sec.  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.

0
72. In Sec.  1105.4:
0
a. Revise paragraph (i).
0
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:


Sec.  1105.4  Definitions.

* * * * *
    (i) Office of Environmental Analysis or ``OEA'' means the Office 
that prepares the Board's environmental documents and analyses.
* * * * *


Sec.  1105.5  [Amended]

0
73. In Sec.  1105.5(c)(3), remove the reference to ``49 U.S.C. 10905'' 
and add in its place ``49 U.S.C. 10904''.


Sec.  1105.6  [Amended]

0
74. In Sec.  1105.6:
0
a. In paragraph (b)(4) introductory text, remove the reference to ``49 
U.S.C.

[[Page 8854]]

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.''
0
b. In paragraph (b)(5), add ``and'' following ``environmental 
impacts;''.
0
c. Remove paragraph (b)(6).
0
d. Redesignate paragraph (b)(7) as paragraph (b)(6).
0
e. Remove paragraph (c)(1).
0
f. Redesignate paragraphs (c)(2) through (7) as paragraphs (c)(1) 
through (6).
0
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.''
0
h. Remove newly redesignated paragraph (c)(1)(v).
0
i. Further redesignate newly redesignated paragraph (c)(1)(vi) as 
paragraph (c)(1)(v).

0
75. Amend Sec.  1105.7 as follows:
0
a. Add a sentence to the end of paragraph (a).
0
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:


Sec.  1105.7  Environmental reports.

    (a) Filing. * * * The Environmental Report may be filed with the 
Board electronically.
* * * * *

0
76. Amend Sec.  1105.8(a) by adding a sentence at the end of the 
paragraph to read as follows:


Sec.  1105.8  Historic Reports.

    (a) Filing. * * * The Historic Report may be filed with the Board 
electronically.
* * * * *


Sec.  1105.10  [Amended]

0
77. In Sec.  1105.10:
0
a. In paragraphs (b) and (d), remove the references to ``SEA'' wherever 
they appear and add in their place ``OEA''.
0
b. In paragraph (d), remove the references to ``SEA's'' wherever they 
appear and add in their place ``OEA's''.
0
c. In paragraph (f), remove the abbreviation ``CZMA'' and add in its 
place ``Coastal Zone Management Act''.


Sec.  1105.11  [Amended]

0
78. In the appendix to Sec.  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''.


Sec.  1105.12  [Amended]

0
79. In the appendix to Sec.  1105.12:
0
a. In the Sample Local Newspaper Notice for Out-of-Service Abandonment 
Exemptions:
0
i. In the first paragraph, remove the zip code ``20423''.
0
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''.
0
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''.
0
b. In the Sample Local Newspaper Notice for Petitions for Abandonment 
Exemptions:
0
i. In the first paragraph, remove the zip code ``20423''.
0
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''.
0
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

0
80. The authority citation for Part 1110 continues to read as follows:

    Authority: 49 U.S.C. 721.

0
81. Amend Sec.  1110.2 by revising paragraphs (b) and (c)(1) to read as 
follows:


Sec.  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;
* * * * *


Sec.  1110.5  [Amended]

0
82. In Sec.  1110.5, remove the word ``additional'' and add in its 
place ``undue''.

PART 1111--COMPLAINT AND INVESTIGATION PROCEDURES

0
83. The authority citation for Part 1111 continues to read as follows:

    Authority: 49 U.S.C. 721, 10704, and 11701.


Sec.  1111.1  [Amended]

0
84. In Sec.  1111.1:
0
a. In paragraph (a), remove the words ``at the hearing''.
0
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

0
85. The authority citation for Part 1113 continues to read as follows:

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


Sec.  1113.2  [Amended]

0
86. In Sec.  1113.2:
0
a. In paragraph (d), remove ``return on the subpoena'' and add in its 
place ``return of the subpoena''.
0
b. In paragraph (e), remove ``at whose instance'' and add in its place 
``at whose insistence''.


Sec.  1113.3  [Amended]

0
87. In Sec.  1113.3(c)(2), remove ``after the close of hearing'' and 
add in its place ``after the close of the hearing''.


Sec.  1113.8  [Amended]

0
88. In Sec.  1113.8, remove ``in whose behalf'' and add in its place 
``on whose behalf''.


Sec.  1113.11  [Amended]

0
89. In Sec.  1113.11, remove ``damage'' and add in its place 
``damages''.

PART 1114--EVIDENCE; DISCOVERY

0
90. The authority citation for Part 1114 continues to read as follows:

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


Sec.  1114.21  [Amended]

0
91. In Sec.  1114.21(a)(1), remove the reference to ``Sec.  1011.6'' 
and add in its place ``Sec.  1011.5''.


Sec.  1114.24  [Amended]

0
92. In Sec.  1114.24(g), remove ``(1) Not a relative'' and add in its 
place ``(1) not a relative''.


Sec.  1114.25  [Amended]

0
93. In Sec.  1114.25:

[[Page 8855]]

0
a. In paragraph (b)(2), remove ``seasonable'' and add in its place 
``reasonable''.
0
b. In paragraph (c), remove ``Errors and irregularities'' and add in 
its place ``Objections to errors and irregularities''.


Sec.  1114.26  [Amended]

0
94. In Sec.  1114.26(a), remove the reference to ``Sec.  
1114.21(b)(2)'' and add in its place ``Sec.  1114.21(a)''.


Sec.  1114.27  [Amended]

0
95. In Sec.  1114.27(a), remove the reference to ``Sec.  
1114.21(b)(2)'' and add in its place ``Sec.  1114.21(a)''.

PART 1115--APPELLATE PROCEDURES

0
96. The authority citation for Part 1115 continues to read as follows:

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


Sec.  1115.2  [Amended]

0
97. In Sec.  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

0
98. Under the authority of 49 U.S.C. 1321, Part 1118 is removed.

PART 1139--PROCEDURES IN MOTOR CARRIER REVENUE PROCEEDINGS

0
99. Under the authority of 49 U.S.C. 1321, Part 1139 is removed.

PART 1144--INTRAMODAL RAIL COMPETITION

0
100. The authority citation for Part 1144 continues to read as follows:

    Authority: 49 U.S.C. 721, 10703, 10705, and 11102.


Sec.  1144.2  [Amended]

0
101. In Sec.  1144.2:
0
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)''.
0
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

0
102. The authority citation for Part 1146 continues to read as follows:

    Authority: 49 U.S.C. 721, 11101, and 11123.


Sec.  1146.1  [Amended]

0
103. In Sec.  1146.1(d)(1), remove ``Carrier are'' and add in its place 
``Carriers are''.

PART 1150--CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD 
LINES

0
104. The authority citation for Part 1150 continues to read as follows:

    Authority: 49 U.S.C. 721(a), 10502, 10901, and 10902.


Sec.  1150.3  [Amended]

0
105. In Sec.  1150.3(h), remove the reference to ``paragraphs (e) or 
(f)'' and add in its place ``paragraphs (f) or (g)''.

0
106. In Sec.  1150.21 revise the second sentence to read as follows:


Sec.  1150.21  Scope of rules.

    * * * The rail line must have been fully abandoned, or approved for 
abandonment by the Board or a bankruptcy court. * * *


Sec.  1150.31  [Amended]

0
107. In Sec.  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''.

0
108. In Sec.  1150.35:
0
a. Revise paragraph (b) introductory text.
0
b. In paragraph (f), remove the sentence ``Stay petitions must be filed 
within 7 days of the filing of the notion of exemption.''
0
c. In paragraph (g), remove the reference to ``Sec.  1150.33(g)'' and 
add in its place ``Sec.  1150.32(d)''.
    The revision reads as follows:


Sec.  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 Sec.  1150.33, exclusive of Sec.  1150.33(g), plus:
* * * * *


Sec.  1150.42  [Amended]

0
109. Remove the last sentence of Sec.  1150.42(a).

PART 1151--FEEDER RAILROAD DEVELOPMENT PROGRAM

0
110. The authority citation for Part 1151 continues to read as follows:

    Authority: 49 U.S.C. 10907.


0
111. Amend Sec.  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:


Sec.  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 Board-prescribed joint rates and 
divisions in the feeder line proceeding, a description of any joint 
rate and division agreement must be included in the application. * * *
* * * * *


Sec.  1151.4  [Amended]

0
112. In Sec.  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

0
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.

0
114. In Sec.  1152.30:
0
a. In paragraph (b), remove the reference to ``49 CFR part 1201'' and 
add in its place ``49 CFR part 1201, subpart B''.
0
b. Revise paragraph (c)(1) to read as follows:


Sec.  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.
* * * * *


Sec.  1152.32  [Amended]

0
115. In Sec.  1152.32:
0
a. In paragraph (j)(4), remove the reference to ``paragraphs (f)(2) or 
(3)'' and add in its place ``paragraphs (j)(2) or (3)''.
0
b. In paragraph (o) introductory text, remove the words ``depreciation 
cost'' and add in their place ``depreciation expense''.

[[Page 8856]]

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

0
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.


Sec.  1180.3  [Amended]

0
117. In Sec.  1180.3(h), remove the reference to ``1180.4(d)(4)(ii)'' 
and add in its place ``1180.4(d)(2)''.

0
118. In Sec.  1180.4(c)(8), revise the last sentence of the paragraph 
to read as follows:


Sec.  1180.4  Procedures

* * * * *
    (c) * * *
    (8) * * * See Railroad Consolidation Procedures, 363 I.C.C. 767 
(1980).
* * * * *

PARTS 1240-1259--REPORTS

0
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

0
120. The authority citation for Part 1241 continues to read as follows:

    Authority: 49 U.S.C. 11145.


0
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.

Sec.  1241.11  [Amended]

0
122. In Sec.  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''.


Sec.  1241.15  [Amended]

0
123. In Sec.  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

0
124. The authority citation for Part 1242 continues to read as follows:

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


0
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.


0
126. In the note to Sec.  1242.87, remove the title ``Bureau of 
Accounts'' and add in its place ``Office of Economics''.

PART 1243--QUARTERLY OPERATING REPORTS--RAILROADS

0
127. The authority citation for Part 1243 continues to read as follows:


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

0
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.


0
129. In Sec.  1243.1, revise the last sentence to read as follows:


Sec.  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.

0
130. In Sec.  1243.2, revise the last sentence to read as follows:


Sec.  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.

0
131. In Sec.  1243.3, revise the last sentence of the introductory text 
to read as follows:


Sec.  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

0
132. The authority citation for Part 1244 continues to read as follows:

    Authority: 49 U.S.C. 721, 10707, 11144, 11145.


Sec.  1244.3  [Amended]

0
133. In Sec.  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''.


Sec.  1244.9  [Amended]

0
134. In Sec.  1244.9:
0
a. In paragraph (a), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics''.
0
b. In paragraph (d)(2), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics''.
0
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''.
0
d. In paragraph (d)(4)(i), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics''.
0
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''.
0
f. In paragraph (f)(4), remove the title ``OTA'' and add in its place 
``Office of Economics''.
0
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

0
135. The authority citation for Part 1245 continues to read as follows:

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


0
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.


0
137. Revise Sec.  1245.2 to read as follows:

[[Page 8857]]

Sec.  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

0
138. The authority citation for Part 1246 continues to read as follows:

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


0
139. Revise Sec.  1246.1 to read as follows:


Sec.  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.

0
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

0
141. The authority citation for Part 1247 continues to read as follows:

    Authority: 49 U.S.C. 721, 10707, 11144, 11145.

Sec.  1247.1  [Amended]

0
142. In Sec.  1247.1:
0
a. Remove the title ``Office of Economics, Environmental Analysis, and 
Administration (OEEAA)'' and add in its place ``Office of Economics''.
0
b. Remove the zip code ``20243''.
0
c. In the last sentence, remove ``(http://www.stb.dot.gov/infoex1.htm#forms)'' and add in its place ``(http://www.stb.dot.gov)''.
0
d. Remove ``OEEAA'' and add in its place ``the Office of Economics''.

PART 1248--FREIGHT COMMODITY STATISTICS

0
143. The authority citation for Part 1248 continues to read as follows:

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


0
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.


0
145. In Sec.  1248.5(a), revise the first sentence to read as follows:


Sec.  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

0
146. The authority citation for Part 1253 continues to read as follows:

    Authority: 49 U.S.C. 721, 10706, 13703, 11144 and 11145.


0
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

8848 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations are similarly situated to KHTV–CD, the Latina’s reliance on the Second Order Business Paperwork Relief Act of 2002, station in the same category that it on Reconsideration was misplaced: As Public Law 107–198, see 44 U.S.C. already had accorded such protection. Petitioners point out, the Commission 3506(c)(4). Because the Commission addressed the specifically rejected Latina’s argument 24. The Commission will not send a specific issue that was presented by the that it was entitled to protection because copy of this Order pursuant to the 2014 Petitions, the suggestion that the it was similarly situated to Petitioners, Congressional Review Act, see 5 U.S.C. Commission exercised ‘‘unbounded and Latina never argued that it was 801(a)(1)(A) because no rules are being discretion’’ on reconsideration lacks entitled to protection on any other basis adopted by the Commission. merit. until filing its 1/22 Ex Parte Letter. The 20. Finally, Petitioners complain that IV. Ordering Clauses eligibility notices that Latina cites the Commission ‘‘[w]ithout any emphasized that they were neither final 25. It is ordered that, pursuant to explanation’’ included WDYB–CD on nor intended to decide eligibility issues. section 405 of the Communications Act the June 30, 2015 list of eligible stations For example, the June 9, 2015 public of 1934, as amended, 47 U.S.C. 405, and although, like Petitioners, WDYB–CD’s notice stated that it was ‘‘not intended section 1.429 of the Commission’s rules, current licensee, Latina, did not file an to pre-judge [the] outcome’’ of pending 47 CFR 1.429, the Petition for application for a license to cover a Class reconsideration petitions regarding the Reconsideration filed by The A facility until after February 22, 2012 scope of protection, a June 30, 2015 Videohouse, Inc., Abacus Television, or advocate for protection of its station public notice emphasized that ‘‘the list WMTM, LLC, and KMYA, LLC is until after adoption of the Incentive of stations included in the baseline data dismissed and/or denied to the extent Auction R&O. WDYB–CD was included released today is not the final list of described herein. on the June 30, 2015 list in light of our stations eligible for repacking 26. It is further ordered that WDYB– decision to protect stations that ‘‘hold a protection,’’ and the most recent public CD, Daytona Beach, Florida, which is Class A license today and that had an notice listing eligible stations noted the licensed to Latina Broadcasters of application for a Class A construction possibility of revisions to the baseline Daytona Beach, LLC, is not entitled to permit pending or granted as of data. Finally, before the D.C. Circuit, the discretionary repacking protection or February 22, 2012.’’ Further Commission merely pointed out that, eligible to participate in the reverse examination of the record reveals, unlike Petitioners’ stations, Class A auction. however, that WDYB–CD did not have construction permits had been obtained 27. It is further ordered that this Order an application for a Class A for WDYB–CD prior to February 22, on Reconsideration shall be effective authorization pending or granted as of 2012, without stating that this factual upon release. February 22, 2012. WDYB–CD’s prior distinction entitled WDYB–CD to Federal Communications Commission. licensee obtained a Class A construction protection under the standard in the Marlene H. Dortch, permit prior to that date, but the permit Second Order on Reconsideration. We expired in December 2011. Instead of Secretary. therefore conclude that WDYB–CD is constructing the Class A station, Latina not entitled to discretionary repacking [FR Doc. 2016–03801 Filed 2–22–16; 8:45 am] filed an application for an LPTV protection or eligible to participate in BILLING CODE 6712–01–P construction permit for WDYB–CD in the reverse auction. February 2011, which superseded the 22. In the Incentive Auction Report Class A construction permit. The LPTV and Order, and again in the Second SURFACE TRANSPORTATION BOARD application did not require a Reconsideration Order, the Commission certification that WDYB–CD was and determined that if a Class A station 49 CFR Parts 1001, 1002, 1005, 1007, would continue to meet all of the full obtains a license after February 22, 1011, 1012, 1013, 1014, 1016, 1017, power and Class A regulatory 2012, but is displaced by the auction 1018, 1019, 1021, 1034, 1035, 1039, requirements that are applicable to Class repacking process, it will be eligible to 1090, 1101, 1102, 1103, 1104, 1105, A stations. WDYB–CD was constructed file for a new channel in one of the first 1110, 1111, 1113, 1114, 1115, 1118, and operated as an LPTV station until two filing opportunities for alternate 1139, 1144, 1146, 1150, 1151, 1152, November 2012. Thus, Latina was not channels. WDYB–CD would be eligible 1180, 1241, 1242, 1243, 1244, 1245, pursuing Class A status before the to file such a displacement application. 1246, 1247, 1248, and 1253 Commission as of February 22, 2012. Previously, we delegated authority to [Docket No. EP 712] 21. We disagree with Latina that the Media Bureau to determine whether WDYB–CD properly was included in the such stations should be allowed to file Improving Regulation and Regulatory eligible stations list simply because it during the first or the second filing Review had a Class A authorization prior to opportunity. We now direct the Media February 22, 2012, regardless of its Bureau to allow such stations to file AGENCY: Surface Transportation Board. status as of that date. Latina’s argument during the first filing opportunity. In the ACTION: Final rules. that our authority on reconsideration is event of mutual exclusivity with an limited to granting or denying the relief application from a full power or Class SUMMARY: The Surface Transportation requested by Petitioners fails for the A station entitled to repacking Board (Board) is revising, correcting, same reasons as Petitioners’ arguments protection the application of the full and updating its regulations. These regarding our authority to act on power or Class A station will prevail. modifications include replacing reconsideration. We also find 23. This document does not contain obsolete statutory references, updating asabaliauskas on DSK5VPTVN1PROD with RULES unpersuasive Latina’s recent estoppel new or modified information collection office and address references, and and notice arguments. Latina maintains requirements subject to the Paperwork correcting spelling, grammatical, that it relied on the standard the Reduction Act of 1995 (PRA), Public terminology, explanatory, and Commission announced in the Second Law 104–13. In addition, therefore, it typographical errors. The Board is also Order on Reconsideration, its inclusion does not contain any new or modified making changes to certain authority in eligibility notices beginning in June information collection burden for small citations and to certain regulations 2015, and the Commission’s statements business concerns with fewer than 25 related to reporting requirements. regarding WDYB–CD in litigation. employees, pursuant to the Small DATES: Effective March 25, 2016. VerDate Sep<11>2014 16:15 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8849 FOR FURTHER INFORMATION CONTACT: response to the comments received in 49 CFR Part 1016 Allison Davis: (202) 245–0378. Federal this docket; the Board will continue to Claims, Equal access to justice, Information Relay Service (FIRS) for the evaluate those comments and review its Lawyers. hearing impaired: (800) 877–8339. regulations, and may promulgate SUPPLEMENTARY INFORMATION: In additional revisions at a later date. 49 CFR Part 1017 accordance with Executive Order 13563, The Regulatory Flexibility Act (RFA), as amended by the Small Business Claims, Government employees, ‘‘Improving Regulation and Regulatory Wages. Review,’’ and Executive Order 13579, Regulatory Enforcement Fairness Act of ‘‘Regulation and Independent 1996, 5 U.S.C. 601–612, generally 49 CFR Part 1018 Regulatory Agencies,’’ the Board began requires an agency to prepare a regulatory flexibility analysis of any rule Claims, Income taxes. this proceeding on October 12, 2011, to review its existing regulations and subject to notice and comment 49 CFR Part 1019 sought public comments on whether rulemaking requirements, unless the agency certifies that the rule will not Conflict of interests. any of its regulations may be outmoded, ineffective, insufficient, or excessively have a significant economic impact on 49 CFR Part 1021 burdensome, and how to modify, a substantial number of small entities. Because the Board has determined that Claims. streamline, expand, or repeal them, as appropriate. See Exec. Order No. 13563, notice and comment are not required 49 CFR Part 1034 under the APA for this rulemaking, the 76 FR 3821 (Jan. 21, 2011); Exec. Order Railroads. requirements of the RFA do not apply. No. 13579, 76 FR 41587 (Jul. 14, 2011). These final rules do not contain a new 49 CFR Part 1035 In this decision, we are revising, or amended information collection correcting, and updating our regulations requirement subject to the Paperwork Maritime carriers, Railroads. in 49 CFR Chapter X, pursuant to the Reduction Act of 1995, 44 U.S.C. 3501– comments received and the Board’s own 49 CFR Part 1039 3549. internal review of its regulations. It is ordered: Agricultural commodities, Intermodal The changes made by this decision 1. The rule modifications set forth transportation, Railroads. generally fall into the following below are adopted as final rules. categories: Eliminating or changing 49 CFR Part 1090 2. This decision is effective March 25, obsolete agency/office titles (e.g., 49 2016. Freight, Intermodal transportation, CFR 1007.6(a)(8)); making spelling, Maritime carriers, Motor carriers, grammatical, terminology, explanatory, List of Subjects Railroads. and typographical changes (e.g., 49 CFR 49 CFR Part 1001 1016.105(a)); correcting references to 49 CFR Part 1101 Administrative practice and United States Code or Code of Federal procedure, Confidential business Administrative practice and Regulations sections that have been information, Freedom of information. procedure. moved or are otherwise incorrect (e.g., 49 CFR 1013.2(d), 49 CFR 1018.6(a)); 1 49 CFR Part 1002 49 CFR Part 1102 and amending rules of agency Administrative practice and Administrative practice and organization, procedure, or practice procedure, Common carriers, Freedom procedure. (e.g., 49 CFR 1011.7(a), 49 CFR of information. 1111.1(a)). Additionally, this decision 49 CFR Part 1103 makes certain nonsubstantive updates 49 CFR Part 1005 Administrative practice and related to the Board’s reporting Claims, Freight, Investigations, procedure, Lawyers. requirements, including adding the Maritime carriers, Motor carriers, option of electronic submissions and Railroads. 49 CFR Part 1104 eliminating language requiring the filing Administrative practice and 49 CFR Part 1007 of duplicate copies (e.g., 49 CFR procedure. 1243.1), and updating form titles (e.g., Privacy. 49 CFR 1245.2).2 49 CFR Part 1105 49 CFR Part 1011 Because these changes either remove Environmental impact statements, obsolete regulations, make revisions that Administrative practice and Reporting and recordkeeping are not substantive, or update rules to procedure, Authority delegations requirements. reflect current agency practice, we find (Government agencies), Organization good cause to dispense with notice and and functions (Government agencies). 49 CFR Part 1110 comment under the Administrative 49 CFR Part 1012 Administrative practice and Procedure Act (APA). 5 U.S.C. Sunshine Act. procedure. 553(b)(3)(A) and (B). These changes are not intended to be a comprehensive 49 CFR Part 1013 49 CFR Part 1111 Common carriers, Reporting and Administrative practice and 1 We recognize that the recently enacted Surface recordkeeping requirements, Securities, procedure, Investigations. asabaliauskas on DSK5VPTVN1PROD with RULES Transportation Board Reauthorization Act of 2015, Pub. L. 114–110, recodifies provisions of title 49, Trusts and trustees. 49 CFR Part 1113 United States Code. To the extent those provisions are referenced in our regulations, the Board will 49 CFR Part 1014 Administrative practice and address those and other changes to the Code of Administrative practice and procedure. Federal Regulations stemming from that Act at a procedure, Civil rights, Equal later date. 49 CFR Part 1114 2 These changes were proposed in Accelerating employment opportunity, Federal Reporting Requirements for Class I Railroads, EP buildings and facilities, Individuals Administrative practice and 701 (STB served July 8, 2015). with disabilities. procedure. VerDate Sep<11>2014 16:15 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1

8850 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 49 CFR Part 1115 49 CFR Part 1253 or electronically transmitted claim for Administrative practice and Freight forwarders, Maritime carriers, loss or damage to baggage or for loss, procedure. Motor carriers, Pipelines, Railroads, damage, injury, or delay to property Reporting and recordkeeping transported shall pay, decline, or make 49 CFR Part 1118 requirements. a firm compromise settlement offer in Administrative practice and writing or electronically to the claimant Decided: February 11, 2016. within 120 days after receipt of the procedure. By the Board, Chairman Elliott, Vice claim by the carrier; provided, however, 49 CFR Part 1139 Chairman Miller, and Commissioner that, if the claim cannot be processed Begeman. Commissioner Begeman Administrative practice and and disposed of within 120 days after commented with a separate expression. procedure, Buses, Freight, Motor the receipt thereof, the carrier shall at Kenyatta Clay, carriers, Reporting and recordkeeping that time and at the expiration of each Clearance Clerk. succeeding 60-day period while the requirements. For the reasons set forth in the claim remains pending, advise the 49 CFR Part 1144 preamble, under the authority of 49 claimant in writing or electronically of U.S.C. 1321, title 49, chapter X, parts the status of the claim and the reason for Railroads. 1001, 1002, 1005, 1007, 1011, 1012, the delay in making the final disposition 49 CFR Part 1146 1013, 1014, 1016, 1017, 1018, 1019, thereof, and it shall retain a copy of Railroads. 1021, 1034, 1035, 1039, 1090, 1101, such advice to the claimant in its claim 1102, 1103, 1104, 1105, 1110, 1111, file thereon. 49 CFR Part 1150 1113, 1114, 1115, 1118, 1139, 1144, Administrative practice and 1146, 1150, 1151, 1152, 1180, 1241, PART 1007—RECORDS CONTAINING procedure, Railroads. 1242, 1243, 1244, 1245, 1246, 1247, INFORMATION ABOUT INDIVIDUALS 1248, and 1253 of the Code of Federal 49 CFR Part 1151 Regulations are amended as follows: ■ 7. The authority citation for Part 1007 continues to read as follows: Administrative practice and PART 1001—INSPECTION OF Authority: 5 U.S.C. 552, 49 U.S.C. 721. procedure, Railroads. RECORDS 49 CFR Part 1152 § 1007.6 [Amended] ■ 1. The authority citation for part 1001 ■ 8. In § 1007.6: Administrative practice and continues to read as follows: procedure, Railroads, Reporting and ■ a. In paragraph (a)(8), remove the title recordkeeping requirements, Uniform Authority: 5 U.S.C. 552, 49 U.S.C. 702, and ‘‘National Archives of the United 49 U.S.C. 721. States’’ and add in its place ‘‘National System of Accounts. Archives and Records Administration’’ 49 CFR Part 1180 § 1001.3 [Amended] and remove the title ‘‘Administrator of Administrative practice and ■ 2. In § 1001.3, remove the words General Services’’ and add in its place procedure, Railroads, Reporting and ‘‘within 10 days of receipt of a request’’ ‘‘Archivist of the United States’’. recordkeeping requirements. and add in their place the words ■ b. In paragraph (a)(11), remove the ‘‘within 20 days of receipt of a request’’. title ‘‘General Accounting Office’’ and 49 CFR Part 1241 add in its place ‘‘Government PART 1002—FEES Accountability Office’’. Railroads, Reporting and recordkeeping requirements. ■ 3. The authority citation for part 1002 PART 1011—BOARD ORGANIZATION; 49 CFR Part 1242 continues to read as follows: DELEGATIONS OF AUTHORITY Railroads, Taxes. Authority: 5 U.S.C. 552(a)(4)(A) and 553; 31 U.S.C. 9701; and 49 U.S.C. 721. Section ■ 9. The authority citation for Part 1011 49 CFR Part 1243 1002.1(g)(11) is also issued under 5 U.S.C. continues to read as follows: 5514 and 31 U.S.C. 3717. Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 49 Railroads, Reporting and recordkeeping requirements. U.S.C. 701, 721, 11123, 11124, 11144, 14122, § 1002.2 [Amended] and 15722. 49 CFR Part 1244 ■ 4. In § 1002.2(f)(78), add ‘‘($26 flat fee ■ 10. Revise the first sentence of for electronic filing.)’’ following ‘‘($26 § 1011.2(a)(7) to read as follows: Freight, Railroads, Reporting and min. charge.)’’ recordkeeping requirements. § 1011.2 The Board. 49 CFR Part 1245 PART 1005—PRINCIPLES AND (a) * * * PRACTICES FOR THE INVESTIGATION (7) All appeals of initial decisions Railroad employees, Reporting and AND VOLUNTARY DISPOSITION OF recordkeeping requirements, Wages. issued by the Director of the Office of LOSS AND DAMAGE CLAIMS AND Proceedings under the authority 49 CFR Part 1246 PROCESSING SALVAGE delegated by § 1011.7(a), and all appeals Railroad employees, Reporting and of initial decisions issued by the Office ■ 5. The authority citation for Part 1005 of Public Assistance, Governmental recordkeeping requirements. continues to read as follows: asabaliauskas on DSK5VPTVN1PROD with RULES Affairs, and Compliance under the 49 CFR Part 1247 Authority: 49 U.S.C. 721, 11706, 14706, authority delegated by § 1011.7(b). 15906. * * * Freight, Railroads, Reporting and recordkeeping requirements. ■ 6. Revise § 1005.5 to read as follows: * * * * * 49 CFR Part 1248 § 1005.5 Disposition of claims. § 1011.4 [Amended] Freight, Railroads, Reporting and Each carrier subject to the Interstate ■ 11. In § 1011.4(a)(7), remove ‘‘section recordkeeping requirements, Statistics. Commerce Act which receives a written 308 of the Regional Rail Reorganization VerDate Sep<11>2014 16:15 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8851 Act of 1973’’ and add in its place Authority: 49 U.S.C. 721, 13301(f). § 1016.107 Allowable fees and expenses. ‘‘section 308 of the Regional Rail * * * * * § 1013.2 [Amended] Reorganization Act of 1973, 45 U.S.C. (b) No award for the fee of an attorney 748,’’. ■ 17. In § 1013.2(d), remove the or agent under these rules may exceed reference to ‘‘49 U.S.C. 11343’’ and add the amount specified by 5 U.S.C. § 1011.6 [Amended] in its place ‘‘49 U.S.C. 11323’’. 504(b)(1)(A), unless a higher fee is ■ 12. In § 1011.6(h), remove ‘‘section justified. * * * ■ 18. Revise § 1013.3(c) to read as 308 of the Regional Rail Reorganization * * * * * follows: Act of 1973’’ and add in its place ‘‘section 308 of the Regional Rail § 1013.3 Review and reporting § 1016.202 [Amended] Reorganization Act of 1973, 45 U.S.C. requirements for regulated carriers. ■ 25. In § 1016.202(a), remove the 748,’’. * * * * * reference to ‘‘§ 1016.105(f)’’ and add in ■ 13. In § 1011.7: (c) Any carrier required to file a its place ‘‘§ 1016.105(e)’’. ■ a. Revise paragraph (a)(1). Schedule 13D with the Securities and ■ b. In paragraph (a)(2)(xvii), remove the Exchange Commission (17 CFR PART 1017—DEBT COLLECTION— word ‘‘meditation’’ and add in its place 240.13d–1) which reports the purchase COLLECTION BY OFFSET FROM the word ‘‘mediation’’. of 5 percent or more of the registered INDEBTED GOVERNMENT AND ■ c. Add paragraph (b)(6). securities of another Board regulated FORMER GOVERNMENT EMPLOYEES The revision and addition read as carrier (or the listed shares of a follows: company controlling 10 percent or more ■ 26. Revise the authority citation for of the stock of a Board regulated carrier), Part 1017 to read as follows: § 1011.7 Delegations of authority by the must simultaneously file a copy of that Authority: 31 U.S.C. 3716, 5 U.S.C. 5514; Board to specific offices of the Board. schedule with the Board, along with any Pub. L. 97–365; 31 CFR parts 900–904; 5 CFR (a) Office of Proceedings. (1) The supplements to that schedule. part 550. Director of the Office of Proceedings is delegated the authority to determine (in * * * * * § 1017.9 [Amended] consultation with involved Offices) PART 1014—ENFORCEMENT OF ■ 27. In § 1017.9(b)(2), remove the whether to waive filing fees set forth at NONDISCRIMINATION ON THE BASIS reference to ‘‘5 CFR 1108’’ and add in 49 CFR 1002.2(f). OF HANDICAP IN PROGRAMS OR its place ‘‘5 CFR 550.1109’’ and remove * * * * * ACTIVITIES CONDUCTED BY THE the word ‘‘provided’’ and add in its (b) * * * SURFACE TRANSPORTATION BOARD place ‘‘followed’’. (6) Issue, on written request, informal opinions and interpretations which are ■ 19. The authority citation for Part PART 1018—DEBT COLLECTION not binding on the Board. In issuing 1014 continues to read as follows: informal opinions or interpretations, the ■ 28. Revise the authority citation for Authority: 29 U.S.C. 794. Part 1018 to read as follows: Director of the Office of Public Assistance, Governmental Affairs, and § 1014.110 [Removed] Authority: 31 U.S.C. 3701, 31 U.S.C. 3711 Compliance shall consult with the et seq., 49 U.S.C. 721, 31 CFR parts 900–904. ■ 20. Remove § 1014.110. Directors of the appropriate Board ■ 29. Revise § 1018.3 to read as follows: offices. Such requests must be directed PART 1016—SPECIAL PROCEDURES to the Director of the Office of Public § 1018.3 Communications. GOVERNING THE RECOVERY OF Assistance, Governmental Affairs, and Unless otherwise specified, all EXPENSES BY PARTIES TO BOARD Compliance, Surface Transportation communications concerning the ADJUDICATORY PROCEEDINGS Board, Washington, DC. regulations in this part should be ■ 21. The authority citation for Part addressed to the Chief, Section of PART 1012—MEETINGS OF THE 1016 continues to read as follows: Financial Services, Surface BOARD Transportation Board, Washington, DC. Authority: 5 U.S.C. 504(c)(1), 49 U.S.C. ■ 14. The authority citation for Part 721. § 1018.6 [Amended] 1012 continues to read as follows: § 1016.103 [Amended] ■ 30. In § 1018.6(a), remove the Authority: 5 U.S.C. 552b(g), 49 U.S.C. 701, reference to ‘‘4 CFR parts 101 through 721. ■ 22. In § 1016.103(a), remove the 105’’ and add in its place ‘‘31 CFR parts reference to ‘‘49 U.S.C. 10925’’ and add 900 through 904’’. § 1012.3 [Amended] in its place ‘‘49 U.S.C. 13905’’ and ■ 15. In § 1012.3: remove the reference to ‘‘49 CFR § 1018.8 [Amended] ■ a. In paragraph (c), remove the words 1100.11’’ and add in its place ‘‘49 CFR ■ 31. In § 1018.8, remove the words ‘‘in paragraphs (d) and (e) of this 1103.5’’. ‘‘compromising or suspending or section’’ and add in their place the terminating collection’’ and add in their words ‘‘in paragraph (d) of this section’’. § 1016.105 [Amended] place ‘‘compromising, suspending, or ■ b. Remove paragraph (d). ■ 23. In § 1016.105: ■ c. Redesignate paragraph (e) as terminating’’. ■ a. In paragraph (a), remove ‘‘The term paragraph (d). asabaliauskas on DSK5VPTVN1PROD with RULES ‘party’is defined’’ and add in its place § 1018.20 [Amended] ■ d. Redesignate paragraph (f) as ‘‘The term ‘party’ is defined’’. paragraph (e). ■ 32. In § 1018.20: ■ b. In paragraph (b)(3), remove the ■ a. In paragraph (a)(4), remove the reference to ‘‘Internal Revenue Code of reference to ‘‘4 CFR 102.13’’ and add in PART 1013—GUIDELINES FOR THE 1954’’ and add in its place ‘‘Internal its place ‘‘31 CFR 901.9’’. PROPER USE OF VOTING TRUSTS Revenue Code of 1986’’. ■ b. In paragraph (b)(3)(iii), remove the ■ 16. The authority citation for Part ■ 24. Revise the first sentence of reference to ‘‘4 CFR 102.5’’ and add in 1013 continues to read as follows: § 1016.107(b) to read as follows: its place ‘‘31 CFR 901.4’’. VerDate Sep<11>2014 16:15 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1

8852 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations § 1018.25 [Amended] PART 1019—REGULATIONS ■ 47. In Appendix B to Part 1035, ■ 33. In § 1018.25: GOVERNING CONDUCT OF SURFACE remove ‘‘4. (a)’’ and add in its place ■ a. In paragraph (a), remove ‘‘a certified TRANSPORTATION BOARD ‘‘Sec. 4. (a)’’. or cashier’s check or a money order’’ EMPLOYEES PART 1039—EXEMPTIONS and add in its place ‘‘a certified check, cashier’s check, or money order’’. ■ 39. The authority citation for Part ■ b. In paragraph (a), remove the words 1019 continues to read as follows: ■ 48. The authority citation for Part ‘‘or insurance filing fee’’. Authority: 49 U.S.C. 721. 1039 continues to read as follows: ■ c. In paragraph (b), remove the words Authority: 49 U.S.C. 10502, 13301. § 1019.2 [Amended] ‘‘or insurance’’ wherever they appear. ■ 40. In § 1019.2(a), remove the title § 1039.12 [Removed] ■ d. In paragraph (d), remove the words ‘‘or insurance’’ wherever they appear. ‘‘Executive Counsel’’ and add in its ■ 49. Remove § 1039.12. ■ e. In the heading of paragraph (d), place ‘‘General Counsel’’. remove the words ‘‘privileges or § 1039.14 [Amended] certificates,’’ and add in their place PART 1021—ADMINISTRATIVE COLLECTION OF ENFORCEMENT ■ 50. Amend § 1039.14 by removing ‘‘.’’ ‘‘privileges, certificates,’’. CLAIMS and adding in its place ‘‘;’’ at the end § 1018.28 [Amended] of paragraphs (b)(1) through (4) and ■ 41. The authority citation for Part removing ‘‘.’’and adding in its place ‘‘; ■ 34. In § 1018.28: 1021 continues to read as follows: and’’ at the end of paragraph (b)(5). ■ a. In paragraph (a), remove the reference to ‘‘4 CFR 102.2, 102.3, and Authority: 31 U.S.C. 3701, 3711, 3717, § 1039.21 [Removed] 3718. 102.4’’ and add in its place ‘‘31 CFR 901.2 and 901.3’’. ■ 42. Revise § 1021.1 to read as follows: ■ 51. Remove § 1039.21. ■ b. In paragraph (b), remove the § 1021.1 Standards. § 1039.22 [Amended] reference to ‘‘4 CFR 102.4’’ and add in The regulations issued jointly by the its place ‘‘31 CFR 901.3(e)’’. Comptroller General of the United ■ 52. In § 1039.22(a)(2), remove the ■ c. In paragraph (d)(1)(vi), remove the reference to ‘‘49 U.S.C. 10713’’ and add States and the Attorney General of the reference to ‘‘4 CFR 102.3(c)’’ and add United States under section 3 of the in its place ‘‘49 U.S.C. 10709’’, remove in its place ‘‘31 CFR 901.3(e)’’. Federal Claims Collection Act of 1966, the reference to ‘‘49 U.S.C. 10761(a)’’ as amended, (31 U.S.C. 3701 et seq.) and and add in its place ‘‘49 U.S.C. § 1018.30 [Amended] published in 31 CFR parts 900 through 13702(a)’’, and remove the reference to ■ 35. In § 1018.30: 904 are hereby adopted by the Surface ‘‘10762(a)(1)’’ and add in its place ■ a. In paragraph (a), remove the Transportation Board for the ‘‘13702(b)–(d)’’. reference to ‘‘4 CFR 102.13’’ and add in administrative collection of enforcement its place ‘‘31 CFR 901.9’’. PART 1090—PRACTICES OF claims. ■ b. In paragraph (b), remove the CARRIERS INVOLVED IN THE reference to ‘‘4 CFR 102.2 and 102.13’’ PART 1034—ROUTING OF TRAFFIC INTERMODAL MOVEMENT OF and add in its place ‘‘31 CFR 901.2 and CONTAINERIZED FREIGHT 901.9’’. ■ 43. The authority citation for Part 1034 continues to read as follows: ■ 53. The authority citation for Part § 1018.51 [Amended] 1090 continues to read as follows: Authority: 49 U.S.C. 721, 11123. ■ 36. In § 1018.51: Authority: 49 U.S.C. 721. ■ a. In paragraph (a)(3), remove the § 1034.1 [Amended] reference to ‘‘4 CFR 103.4’’ and add in ■ 44. In § 1034.1: § 1090.2 [Amended] its place ‘‘31 CFR 902.2’’. ■ a. In paragraph (a), remove the words ■ 54. In § 1090.2, remove the reference ■ b. In paragraph (b), remove the ‘‘submit a written or telegraphic notice’’ to ‘‘49 U.S.C. 10505(e) and (g), reference to ‘‘4 CFR part 103’’ and add and add in their place ‘‘submit a written 109229(1), and 10530’’ and add in its in its place ‘‘31 CFR part 902’’. or electronic notice’’ and remove the place ‘‘49 U.S.C. 10502(e) and (g) and title ‘‘Office of Compliance and § 1018.72 [Amended] 13902’’. Enforcement’’ and add in its place ■ 37. In § 1018.72(d), remove the ‘‘Office of Public Assistance, PART 1101—DEFINITIONS AND reference to ‘‘4 CFR 105.2’’ and add in Governmental Affairs, and CONSTRUCTION its place ‘‘31 CFR 904.2’’. Compliance’’. ■ 38. Amend § 1018.91 as follows: ■ b. In paragraph (c), remove the title ■ 55. The authority citation for Part ■ a. At the end of paragraphs (b)(3) and ‘‘Office of Compliance and 1101 continues to read as follows: (b)(4), remove the periods and add Enforcement’’ and add in its place ‘‘Office of Public Assistance, Authority: 49 U.S.C. 721. semicolons in their place. ■ b. Revise paragraph (b)(7). Governmental Affairs, and § 1101.2 [Amended] ■ c. In paragraph (b)(8), remove the Compliance’’. reference to ‘‘26 CFR 301.6402–6T’’ and ■ 56. In § 1101.2(e)(1), remove the asabaliauskas on DSK5VPTVN1PROD with RULES add in its place ‘‘26 CFR 301.6402–6’’. PART 1035—BILLS OF LADING reference to ‘‘1130.3’’ and add in its The revision reads as follows: place ‘‘1130.2’’. ■ 45. The authority citation for Part § 1018.91 Applicability and scope. 1035 continues to read as follows: PART 1102—COMMUNICATIONS * * * * * Authority: 49 U.S.C. 721, 11706, 14706. (b) * * * ■ 46. In Appendix A to Part 1035 ■ 57. The authority citation for Part (7) Is at least $25.00; and remove ‘‘, 19ll’’ and add in its place 1102 continues to read as follows: * * * * * ‘‘, 20____’’. Authority: 49 U.S.C. 721. VerDate Sep<11>2014 16:15 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8853 § 1102.2 [Amended] PART 1104—FILING WITH THE PART 1105—PROCEDURES FOR ■ 58. In § 1102.2(c)(1) and (2), remove BOARD–COPIES–VERIFICATION– IMPLEMENTATION OF the words ‘‘joint board member, SERVICE–PLEADINGS, GENERALLY ENVIRONMENTAL LAWS employee board member’’. ■ 63. The authority citation for Part ■ 69. Revise the authority citation for PART 1103—PRACTITIONERS 1104 continues to read as follows: Part 1105 to read as follows: Authority: 5 U.S.C. 553 and 559; 18 U.S.C. Authority: 16 U.S.C. 1456 and 1536; 42 ■ 59. The authority citation for Part U.S.C. 4332 and 6362(b); 49 U.S.C. 701 note 1621; 21 U.S.C. 862; and 49 U.S.C. 721. 1103 continues to read as follows: (1995) (Savings Provisions), 721(a), 10502, Authority: 21 U.S.C. 862; 49 U.S.C. 703(e), ■ 64. Amend § 1104.3(a) by adding the and 10903–10905; 54 U.S.C. 306108. 721. following sentence at the end of the ■ 70. Revise § 1105.2 to read as follows: ■ 60. In § 1103.3: paragraph: ■ a. In paragraph (d), remove the § 1105.2 Responsibility for administration § 1104.3 Copies. of these rules. reference to ‘‘49 CFR 1002.2(f)(100)’’ and add in its place ‘‘49 CFR (a)* * * When confidential The Director of the Office of 1002.2(f)(99)(i)’’. documents are filed, redacted versions Environmental Analysis is delegated the ■ b. Revise paragraph (h). must also be filed. authority to sign, on behalf of the Board, ■ c. In paragraphs (l), (m), and (n), * * * * * memoranda of agreement entered into remove the reference to ‘‘49 CFR pursuant to 36 CFR 800.5(e)(4) regarding ■ 65. Revise § 1104.5(c) to read as 1002.2(f)(100)’’ and add in its place ‘‘49 historic preservation matters. The follows: CFR 1002.2(f)(99)(i)’’. Director of the Office of Environmental ■ d. Revise paragraph (o). § 1104.5 Affirmation or declarations under Analysis is responsible for the The revisions read as follows: penalty of perjury in accordance with 18 preparation of documents under these U.S.C. 1621 in lieu of oath. rules and is delegated the authority to § 1103.3 Persons not attorneys-at-law— qualifications and requirements for practice * * * * * provide interpretations of the Board’s before the Board. (c) Knowing and willful National Environmental Policy Act * * * * * misstatements or omissions of material (NEPA) process, to render initial (h) Location of examination. facts constitute federal criminal decisions on requests for waiver or Examinations will be conducted at the violations punishable under 18 U.S.C. modification of any of these rules for Board’s office in Washington, DC. 1001. Additionally, these misstatements individual proceedings, and to are punishable as perjury under 18 recommend rejection of environmental * * * * * (o) Content and grading of U.S.C. 1621. reports not in compliance with these examination. A Board staff member is rules. This delegated authority shall be § 1104.6 [Amended] used only in a manner consistent with responsible, under the general supervision of the Vice Chairman, for Board policy. Appeals to the Board will ■ 66. In the last sentence of § 1104.6, the examination of non-attorney be available as a matter of right. remove ‘‘5 p.m.’’ and add in its place applicants, the preparation of ‘‘11:59 p.m.’’ ■ 71. Revise § 1105.3 to read as follows: examination questions, and the grading § 1105.3 Information and assistance. ■ 67. In § 1104.12: of examinations. The staff member is appointed by the Chairman, with the ■ a. Amend § 1104.12(a) by adding a Information and assistance regarding approval of the Board. The staff member sentence at the end of the paragraph. the rules and the Board’s environmental must be an attorney and must have at ■ b. In the parenthetical, remove the and historic review process is available least two years of experience with the reference to ‘‘49 U.S.C. 10321’’ and add by writing or calling the Office of Board. in its place ‘‘49 U.S.C. 721’’. Environmental Analysis. The addition reads as follows: ■ 72. In § 1105.4: * * * * * ■ a. Revise paragraph (i). § 1103.16 [Amended] § 1104.12 Service of pleadings and papers. ■ b. In paragraph (j), remove the ■ 61. In § 1103.16(c), remove the words (a) * * * If a document is filed with references to ‘‘SEA’s’’ wherever they ‘‘secrets or confidence’’ and add in their the Board through the e-filing process, appear and add in their place ‘‘OEA’s’’. place ‘‘secrets or confidences’’. a copy of the e-filed document should The revision reads as follows: ■ 62. In § 1103.20: be emailed to other parties, or a paper § 1105.4 Definitions. ■ a. Revise paragraph (b). copy of the document should be * * * * * ■ b. In paragraph (g), remove ‘‘in behalf personally served on the other parties, (i) Office of Environmental Analysis of the client’’ and add in its place ‘‘on but if neither email nor personal service or ‘‘OEA’’ means the Office that behalf of the client’’. is feasible, service of a paper copy The revision reads as follows: prepares the Board’s environmental should be by first-class or express mail. documents and analyses. § 1103.20 Practitioner’s fees and related * * * * * * * * * * practices. ■ 68. Amend § 1104.14(a) by adding a * * * * * sentence at the end of the paragraph to § 1105.5 [Amended] asabaliauskas on DSK5VPTVN1PROD with RULES (b) Compensation, commission, and read as follows: ■ 73. In § 1105.5(c)(3), remove the rebates. A practitioner shall accept no reference to ‘‘49 U.S.C. 10905’’ and add compensation, commission, rebates, or § 1104.14 Protective orders to maintain confidentiality. in its place ‘‘49 U.S.C. 10904’’. other advantages from the parties in a proceeding other than his client without (a) * * * When confidential § 1105.6 [Amended] the knowledge and consent of his client documents are filed, redacted versions ■ 74. In § 1105.6: after full disclosure. must also be filed. ■ a. In paragraph (b)(4) introductory * * * * * * * * * * text, remove the reference to ‘‘49 U.S.C. VerDate Sep<11>2014 16:15 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1

8854 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 10901 or 10910’’ and add in its place Analysis (OEA), Surface Transportation § 1110.5 [Amended] ‘‘49 U.S.C. 10901, 10902, or 10907’’, and Board, Washington, DC’’. ■ 82. In § 1110.5, remove the word remove the reference to ‘‘49 U.S.C. ‘‘additional’’ and add in its place 11343’’ and add in its place ‘‘49 U.S.C. § 1105.12 [Amended] ‘‘undue’’. 11323 and 14303.’’ ■ 79. In the appendix to § 1105.12: ■ b. In paragraph (b)(5), add ‘‘and’’ ■ a. In the Sample Local Newspaper PART 1111—COMPLAINT AND following ‘‘environmental impacts;’’. Notice for Out-of-Service Abandonment INVESTIGATION PROCEDURES ■ c. Remove paragraph (b)(6). Exemptions: ■ d. Redesignate paragraph (b)(7) as ■ 83. The authority citation for Part ■ i. In the first paragraph, remove the paragraph (b)(6). 1111 continues to read as follows: zip code ‘‘20423’’. ■ e. Remove paragraph (c)(1). Authority: 49 U.S.C. 721, 10704, and ■ ii. In the second paragraph, remove ■ f. Redesignate paragraphs (c)(2) 11701. through (7) as paragraphs (c)(1) through the references to ‘‘Section of (6). Environmental Analysis (SEA)’’ § 1111.1 [Amended] ■ g. In newly redesignated paragraph wherever they appear and add in their place ‘‘Office of Environmental Analysis ■ 84. In § 1111.1: (c)(1)(i), remove the reference to ‘‘49 ■ a. In paragraph (a), remove the words U.S.C. 10901 or 10910’’ and add in its (OEA)’’; and remove the zip code ‘‘20423’’. ‘‘at the hearing’’. place ‘‘49 U.S.C. 10901, 10902, or ■ b. In paragraph (e), remove the 10907’’, and remove the reference to ‘‘49 ■ iii. In the third paragraph remove the reference to ‘‘49 CFR 1244.8’’ and add U.S.C. 11343’’ and add in its place ‘‘49 reference to ‘‘Section of Administration, in its place ‘‘49 CFR 1244.9’’. U.S.C. 11323 and 14303.’’ Office of Proceedings, 395 E Street, SW., ■ h. Remove newly redesignated Washington, DC 20423–0001’’ and add PART 1113—ORAL HEARING paragraph (c)(1)(v). in its place ‘‘Office of Proceedings, ■ i. Further redesignate newly Washington, DC’’. ■ 85. The authority citation for Part redesignated paragraph (c)(1)(vi) as ■ b. In the Sample Local Newspaper 1113 continues to read as follows: paragraph (c)(1)(v). Notice for Petitions for Abandonment Authority: 5 U.S.C. 559; 49 U.S.C. 721. ■ 75. Amend § 1105.7 as follows: Exemptions: ■ a. Add a sentence to the end of ■ i. In the first paragraph, remove the § 1113.2 [Amended] paragraph (a). zip code ‘‘20423’’. ■ 86. In § 1113.2: ■ b. In paragraph (e)(3)(iv), remove the ■ ii. In the second paragraph, remove ■ a. In paragraph (d), remove ‘‘return on reference ‘‘49 U.S.C. 10906’’ and add in the references to ‘‘Section of the subpoena’’ and add in its place its place ‘‘49 U.S.C. 10905’’. Environmental Analysis (SEA)’’ ‘‘return of the subpoena’’. The addition reads as follows: wherever they appear and add in their ■ b. In paragraph (e), remove ‘‘at whose place ‘‘Office of Environmental Analysis instance’’ and add in its place ‘‘at whose § 1105.7 Environmental reports. (OEA)’’; and remove the zip code insistence’’. (a) Filing. * * * The Environmental ‘‘20423’’. Report may be filed with the Board ■ iii. In the third paragraph remove the § 1113.3 [Amended] electronically. reference to ‘‘Section of Administration, ■ 87. In § 1113.3(c)(2), remove ‘‘after the * * * * * Office of Proceedings, 395 E Street SW., close of hearing’’ and add in its place ■ 76. Amend § 1105.8(a) by adding a Washington, DC 20423–0001’’ and add ‘‘after the close of the hearing’’. sentence at the end of the paragraph to in its place ‘‘Office of Proceedings, § 1113.8 [Amended] read as follows: Washington, DC’’. ■ 88. In § 1113.8, remove ‘‘in whose § 1105.8 Historic Reports. PART 1110—PROCEDURES behalf’’ and add in its place ‘‘on whose (a) Filing. * * * The Historic Report GOVERNING INFORMAL behalf’’. may be filed with the Board RULEMAKING PROCEEDINGS electronically. § 1113.11 [Amended] * * * * * ■ 80. The authority citation for Part ■ 89. In § 1113.11, remove ‘‘damage’’ 1110 continues to read as follows: and add in its place ‘‘damages’’. § 1105.10 [Amended] Authority: 49 U.S.C. 721. ■ 77. In § 1105.10: PART 1114—EVIDENCE; DISCOVERY ■ 81. Amend § 1110.2 by revising ■ a. In paragraphs (b) and (d), remove paragraphs (b) and (c)(1) to read as the references to ‘‘SEA’’ wherever they ■ 90. The authority citation for Part follows: 1114 continues to read as follows: appear and add in their place ‘‘OEA’’. ■ b. In paragraph (d), remove the § 1110.2 Opening of proceeding. Authority: 5 U.S.C. 559; 49 U.S.C. 721. references to ‘‘SEA’s’’ wherever they * * * * * § 1114.21 [Amended] appear and add in their place ‘‘OEA’s’’. (b) Any person may petition the Board ■ c. In paragraph (f), remove the to open a proceeding to issue, amend, or ■ 91. In § 1114.21(a)(1), remove the abbreviation ‘‘CZMA’’ and add in its repeal a rule. reference to ‘‘§ 1011.6’’ and add in its place ‘‘Coastal Zone Management Act’’. place ‘‘§ 1011.5’’. * * * * * asabaliauskas on DSK5VPTVN1PROD with RULES § 1105.11 [Amended] (c) * * * § 1114.24 [Amended] ■ 78. In the appendix to § 1105.11, (1) Be submitted, along with 15 ■ 92. In § 1114.24(g), remove ‘‘(1) Not a remove the reference to ‘‘the Section of copies, to the Chief, Section of relative’’ and add in its place ‘‘(1) not a Environmental Analysis (SEA), Surface Administration, Office of Proceedings, relative’’. Transportation Board, 1925 K Street, Surface Transportation Board, Washington DC; § 1114.25 [Amended] NW., Washington, DC 20423’’ and add in its place ‘‘the Office of Environmental * * * * * ■ 93. 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Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8855 ■ a. In paragraph (b)(2), remove PART 1150—CERTIFICATE TO (9) * * * (This statement will be ‘‘seasonable’’ and add in its place CONSTRUCT, ACQUIRE, OR OPERATE binding upon applicant if the ‘‘reasonable’’. RAILROAD LINES application is approved.) ■ b. In paragraph (c), remove ‘‘Errors * * * * * and irregularities’’ and add in its place ■ 104. The authority citation for Part ‘‘Objections to errors and irregularities’’. 1150 continues to read as follows: (12) * * * (This statement will be binding upon applicant if the § 1114.26 [Amended] Authority: 49 U.S.C. 721(a), 10502, 10901, and 10902. application is approved.) ■ 94. In § 1114.26(a), remove the * * * * * reference to ‘‘§ 1114.21(b)(2)’’ and add § 1150.3 [Amended] (14) If applicant requests Board- in its place ‘‘§ 1114.21(a)’’. ■ 105. In § 1150.3(h), remove the prescribed joint rates and divisions in § 1114.27 [Amended] reference to ‘‘paragraphs (e) or (f)’’ and the feeder line proceeding, a description add in its place ‘‘paragraphs (f) or (g)’’. of any joint rate and division agreement ■ 95. In § 1114.27(a), remove the ■ 106. In § 1150.21 revise the second reference to ‘‘§ 1114.21(b)(2)’’ and add must be included in the application. sentence to read as follows: * * * in its place ‘‘§ 1114.21(a)’’. § 1150.21 Scope of rules. * * * * * PART 1115—APPELLATE * * * The rail line must have been PROCEDURES § 1151.4 [Amended] fully abandoned, or approved for ■ 96. The authority citation for Part abandonment by the Board or a ■ 112. In § 1151.4(e), remove the 1115 continues to read as follows: bankruptcy court. * * * reference to ‘‘49 U.S.C. 10709(d)(2)’’ and Authority: 5 U.S.C. 559; 49 U.S.C. 721. § 1150.31 [Amended] add in its place ‘‘49 U.S.C. 10707’’. § 1115.2 [Amended] ■ 107. In § 1150.31(b), remove the PART 1152—ABANDONMENT AND words ‘‘and the from securities DISCONTINUANCE OF RAIL LINES ■ 97. In § 1115.2(b)(3), remove the regulation at 49 CFR part 1175’’ and add words ‘‘governing precedent;’’ and add AND RAIL TRANSPORTATION UNDER in their place ‘‘and the exemption from 49 U.S.C. 10903 in their place ‘‘governing precedent; or’’. securities regulation at 49 CFR part PART 1118—PROCEDURES IN 1177’’. ■ 113. The authority citation for Part INFORMAL PROCEEDINGS BEFORE ■ 108. In § 1150.35: 1152 continues to read as follows: EMPLOYEE BOARDS ■ a. Revise paragraph (b) introductory text. Authority: 11 U.S.C. 1170; 16 U.S.C. ■ 98. Under the authority of 49 U.S.C. ■ b. In paragraph (f), remove the 1247(d) and 1248; 45 U.S.C. 744; and 49 1321, Part 1118 is removed. sentence ‘‘Stay petitions must be filed U.S.C. 701 note (1995) (section 204 of the ICC within 7 days of the filing of the notion Termination Act of 1995), 721(a), 10502, PART 1139—PROCEDURES IN MOTOR 10903–10905, and 11161. of exemption.’’ CARRIER REVENUE PROCEEDINGS ■ c. In paragraph (g), remove the ■ 114. In § 1152.30: reference to ‘‘§ 1150.33(g)’’ and add in ■ 99. Under the authority of 49 U.S.C. ■ a. In paragraph (b), remove the its place ‘‘§ 1150.32(d)’’. 1321, Part 1139 is removed. The revision reads as follows: reference to ‘‘49 CFR part 1201’’ and add in its place ‘‘49 CFR part 1201, PART 1144—INTRAMODAL RAIL § 1150.35 Procedures and relevant dates— subpart B’’. COMPETITION transactions that involve creation of Class ■ b. Revise paragraph (c)(1) to read as I or Class II carriers. ■ 100. The authority citation for Part follows: * * * * * 1144 continues to read as follows: (b) The notice of intent must contain § 1152.30 General. Authority: 49 U.S.C. 721, 10703, 10705, all of the information required in and 11102. * * * * * § 1150.33, exclusive of § 1150.33(g), plus: (c) Final payment of financial § 1144.2 [Amended] assistance. (1) When a financial * * * * * ■ 101. In § 1144.2: assistance agreement to subsidize is ■ a. In paragraph (a) introductory text, § 1150.42 [Amended] concluded, the final payment will be remove the reference to ‘‘49 U.S.C. adjusted to reflect the actual revenues 11102’’ and add in its place ‘‘49 U.S.C. ■ 109. Remove the last sentence of § 1150.42(a). derived, avoidable costs incurred, and 11102(c)’’. value of the properties used in the ■ b. In paragraph (a)(1), remove the subsidy year. PART 1151—FEEDER RAILROAD reference to ‘‘and 11102’’ and add in its DEVELOPMENT PROGRAM * * * * * place ‘‘and 11102(c)’’. ■ 110. The authority citation for Part § 1152.32 [Amended] PART 1146—EXPEDITED RELIEF FOR 1151 continues to read as follows: SERVICE EMERGENCIES ■ 115. In § 1152.32: Authority: 49 U.S.C. 10907. asabaliauskas on DSK5VPTVN1PROD with RULES ■ 102. The authority citation for Part ■ a. In paragraph (j)(4), remove the ■ 111. Amend § 1151.3 by revising the reference to ‘‘paragraphs (f)(2) or (3)’’ 1146 continues to read as follows: last sentence in paragraphs (a)(9) and and add in its place ‘‘paragraphs (j)(2) Authority: 49 U.S.C. 721, 11101, and (12) and revising the first sentence in or (3)’’. 11123. paragraph (a)(14) introductory text to read as follows: ■ b. In paragraph (o) introductory text, § 1146.1 [Amended] remove the words ‘‘depreciation cost’’ ■ 103. In § 1146.1(d)(1), remove ‘‘Carrier § 1151.3 Contents of application. and add in their place ‘‘depreciation are’’ and add in its place ‘‘Carriers are’’. (a) * * * expense’’. 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8856 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations PART 1180—RAILROAD ACQUISITION, PART 1242—SEPARATION OF PART 1244—WAYBILL ANALYSIS OF CONTROL, MERGER, COMMON OPERATING EXPENSES TRANSPORTATION OF PROPERTY— CONSOLIDATION PROJECT, BETWEEN FREIGHT SERVICE AND RAILROADS TRACKAGE RIGHTS, AND LEASE PASSENGER SERVICE FOR PROCEDURES RAILROADS ■ 132. The authority citation for Part 1244 continues to read as follows: ■ 116. The authority citation for Part ■ 124. The authority citation for Part Authority: 49 U.S.C. 721, 10707, 11144, 1180 continues to read as follows: 1242 continues to read as follows: 11145. Authority: 5 U.S.C. 553 and 559; 11 U.S.C. Authority: 49 U.S.C. 721, 11142. § 1244.3 [Amended] 1172; 49 U.S.C. 721, 10502, 11323–11325. ■ 125. Revise the note for Part 1242 to ■ 133. In § 1244.3(b)(4), remove the title § 1180.3 [Amended] read as follows: ‘‘Office of Economics, Environmental Note: The report forms prescribed by part Analysis, and Administration’’ and add ■ 117. In § 1180.3(h), remove the 1242 are available upon request from the in its place ‘‘Office of Economics’’ and reference to ‘‘1180.4(d)(4)(ii)’’ and add Office of Economics, Surface Transportation remove the zip code ‘‘20423–0001’’. in its place ‘‘1180.4(d)(2)’’. Board, Washington, DC. § 1244.9 [Amended] ■ 118. In § 1180.4(c)(8), revise the last ■ 126. In the note to § 1242.87, remove ■ 134. In § 1244.9: sentence of the paragraph to read as the title ‘‘Bureau of Accounts’’ and add ■ a. In paragraph (a), remove the title follows: in its place ‘‘Office of Economics’’. ‘‘Office of Economics, Environmental § 1180.4 Procedures Analysis, and Administration’’ and add PART 1243—QUARTERLY OPERATING * * * * * REPORTS—RAILROADS in its place ‘‘Office of Economics’’. ■ b. In paragraph (d)(2), remove the title (c) * * * ‘‘Office of Economics, Environmental (8) * * * See Railroad Consolidation ■ 127. The authority citation for Part Analysis, and Administration’’ and add Procedures, 363 I.C.C. 767 (1980). 1243 continues to read as follows: in its place ‘‘Office of Economics’’. * * * * * Authority: 49 U.S.C. 721, 11145. ■ c. In paragraph (d)(3)(ii), remove the ■ 128. Revise the note for Part 1243 to title ‘‘Office of Economics, PARTS 1240–1259—REPORTS Environmental Analysis, and read as follows: Administration’’ and add in its place ■ 119. Revise the note for Parts 1240– Note: The report forms prescribed by part ‘‘Office of Economics’’ and remove the 1259 to read as follows: 1243 are available upon request from the zip code ‘‘20423’’. Office of Economics, Surface Transportation Note: The report forms prescribed by parts Board, Washington, DC. ■ d. In paragraph (d)(4)(i), remove the 1240–1259 are available upon request from title ‘‘Office of Economics, the Office of Economics, Surface ■ 129. In § 1243.1, revise the last Environmental Analysis, and Transportation Board, Washington, DC. sentence to read as follows: Administration’’ and add in its place ‘‘Office of Economics’’. § 1243.1 Revenues, expenses and income. ■ e. In paragraph (e)(2), remove the title PART 1241—ANNUAL, SPECIAL, OR PERIODIC REPORTS—CARRIERS * * * Such quarterly reports shall be ‘‘Office of Economics, Environmental SUBJECT TO PART I OF THE submitted, in paper or electronically, to Analysis, and Administration’’ and add INTERSTATE COMMERCE ACT the Office of Economics, Surface in its place ‘‘Office of Economics’’ and Transportation Board, Washington, DC, remove the zip code ‘‘20423’’. within 30 days after the end of the ■ f. In paragraph (f)(4), remove the title ■ 120. The authority citation for Part quarter to which they relate. ‘‘OTA’’ and add in its place ‘‘Office of 1241 continues to read as follows: Economics’’. Authority: 49 U.S.C. 11145. ■ 130. In § 1243.2, revise the last ■ g. In paragraph (g)(3), remove the title sentence to read as follows: ‘‘Office of Economics, Environmental ■ 121. Revise the note for Part 1241 to § 1243.2 Condensed balance sheet. Analysis, and Administration’’ and add read as follows: in its place ‘‘Office of Economics’’ and Note: The report forms prescribed by part * * * Such quarterly reports shall be remove the zip code ‘‘20423’’. 1241 are available upon request from the submitted, in paper or electronically, to Office of Economics, Surface Transportation the Office of Economics, Surface PART 1245—CLASSIFICATION OF Board, Washington, DC. Transportation Board, Washington, DC, RAILROAD EMPLOYEES; REPORTS within 30 days after the end of the OF SERVICE AND COMPENSATION § 1241.11 [Amended] quarter to which they relate. ■ 135. The authority citation for Part ■ 131. In § 1243.3, revise the last ■ 122. In § 1241.11(a), remove the title 1245 continues to read as follows: sentence of the introductory text to read ‘‘Office of Economics, Environmental Authority: 49 U.S.C. 721, 11145. as follows: Analysis, and Administration’’ and add in its place ‘‘Office of Economics’’ and ■ 136. Revise the note for Part 1245 to asabaliauskas on DSK5VPTVN1PROD with RULES § 1243.3 Report of fuel cost, consumption, remove the zip code ‘‘20423’’. and surcharge revenue. read as follows: * * * Such reports shall be Note: The report forms prescribed by part § 1241.15 [Amended] 1245 are available upon request from the submitted, in paper or electronically, to Office of Economics, Surface Transportation ■ 123. In § 1241.15, remove the title the Office of Economics, Surface Board, Washington, DC. ‘‘Bureau of Accounts’’ and add in its Transportation Board, Washington, DC, place ‘‘Office of Economics’’ and within 30 days after the end of the ■ 137. Revise § 1245.2 to read as remove the zip code ‘‘20423’’. quarter reported. follows: VerDate Sep<11>2014 16:15 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8857 § 1245.2 Reports of railroad employees, PART 1248—FREIGHT COMMODITY DEPARTMENT OF COMMERCE service and compensation. STATISTICS Each Class I railroad is required to file National Oceanic and Atmospheric a Quarterly Report of Railroad ■ 143. The authority citation for Part Administration Employees, Service, and Compensation, 1248 continues to read as follows: (Quarterly Wage Forms A & B). In 50 CFR Part 660 addition, such carriers shall also file an Authority: 49 U.S.C. 721, 11144 and 11145. [Docket No. 150708591–6096–02] Annual Report of Railroad Employees, ■ 144. Revise the note for Part 1248 to Service, and Compensation, (Annual RIN 0648–XE043 read as follows: Wage Forms A & B) for each calendar Note: The report forms prescribed by part Fisheries Off West Coast States; year. Both reports shall be submitted, in 1248 are available upon request from the Coastal Pelagic Species Fisheries; paper or electronically, to the Office of Office of Economics, Surface Transportation Annual Specifications Economics, Surface Transportation Board, Washington, DC. The quarterly Board, Washington, DC. AGENCY: National Marine Fisheries report shall be submitted within 30 days Service (NMFS), National Oceanic and after the end of each calendar quarter. ■ 145. In § 1248.5(a), revise the first Atmospheric Administration (NOAA), The annual report shall be submitted sentence to read as follows: Commerce. within 45 days after the end of the § 1248.5 Report forms and date of filing. ACTION: Final rule. reporting year. (a) Reports required from Class I SUMMARY: NMFS issues this final rule to PART 1246—NUMBER OF RAILROAD carriers by this section shall be implement annual management EMPLOYEES submitted, in paper or electronically, to measures and harvest specifications to the Office of Economics, Surface establish the allowable catch levels (i.e. ■ 138. The authority citation for Part Transportation Board, Washington, DC, annual catch limit (ACL)/harvest 1246 continues to read as follows: on forms which will be furnished to the guideline (HG)) for Pacific mackerel in Authority: 49 U.S.C. 721, 11145. carriers. * * * the U.S. exclusive economic zone (EEZ) * * * * * off the Pacific Coast for the fishing ■ 139. Revise § 1246.1 to read as season of July 1, 2015, through June 30, follows: 2016. This rule is implemented PART 1253—RATE-MAKING § 1246.1 Monthly report of number of ORGANIZATION; RECORDS AND pursuant to the Coastal Pelagic Species railroad employees. REPORTS (CPS) Fishery Management Plan (FMP). Each Class I railroad shall file a The 2015–2016 HG for Pacific mackerel Monthly Report of Number of Railroad ■ 146. The authority citation for Part is 21,469 metric tons (mt). This is the Employees (Form C) each month. The total commercial fishing target level. 1253 continues to read as follows: report should be submitted, in paper or This action also implements an annual Authority: 49 U.S.C. 721, 10706, 13703, catch target (ACT), of 20,469 mt. If the electronically, to the Office of 11144 and 11145. fishery attains the ACT, the directed Economics, Surface Transportation Board, Washington, DC, by the end of fishery will close, reserving the ■ 147. Revise the note for Part 1253 to the month to which it applies. difference between the HG (21,469 mt) read as follows: and ACT as a 1,000 mt set-aside for ■ 140. Revise the note for part 1246 to Note: The report forms prescribed by part incidental landings in other CPS read as follows: 1253 are available upon request from the fisheries and other sources of mortality. Note: The report forms prescribed by part Office of Economics, Surface Transportation This final rule is intended to conserve 1246 are available upon request from the Board, Washington, DC. and manage the Pacific mackerel stock Office of Economics, Surface Transportation off the U.S. West Coast. Board, Washington, DC. Note: The following comment will not DATES: Effective March 24, 2016 through appear in the Code of Federal Regulations. June 30, 2016. PART 1247—REPORT OF CARS COMMISSIONER BEGEMAN, FOR FURTHER INFORMATION CONTACT: LOADED AND CARS TERMINATED commenting: Joshua Lindsay, West Coast Region, ■ 141. The authority citation for Part NMFS, (562) 980–4034 Joshua.Lindsay@ It is disappointing that today’s 1247 continues to read as follows: noaa.gov. decision is all we can muster up more SUPPLEMENTARY INFORMATION: During Authority: 49 U.S.C. 721, 10707, 11144, than four years after receiving public 11145. comments on whether any of the public meetings each year, the estimated Board’s regulations are ‘‘ineffective, biomass for Pacific mackerel is § 1247.1 [Amended] insufficient, or excessively burdensome, presented to the Pacific Fishery Management Council’s (Council) CPS ■ 142. In § 1247.1: and how to modify, streamline, expand, Management Team (Team), the a. Remove the title ‘‘Office of or repeal them. . . .’’ I certainly don’t ■ Council’s CPS Advisory Subpanel Economics, Environmental Analysis, object to replacing obsolete references (Subpanel) and the Council’s Scientific and Administration (OEEAA)’’ and add and correcting spelling and other errors, and Statistical Committee (SSC), and the but we should be doing so as a matter asabaliauskas on DSK5VPTVN1PROD with RULES in its place ‘‘Office of Economics’’. biomass and the status of the fishery are ■ b. Remove the zip code ‘‘20243’’. of course. Today’s decision is simply reviewed and discussed. The biomass ■ c. In the last sentence, remove not responsive to what we set out to do estimate is then presented to the ‘‘(http://www.stb.dot.gov/ in 2011. Nor does it meet the spirit—let Council along with the recommended infoex1.htm#forms)’’ and add in its alone achieve the purpose—of the overfishing limit (OFL) and acceptable place ‘‘(http://www.stb.dot.gov)’’. President’s two Executive Orders. biological catch (ABC) calculations from ■ d. Remove ‘‘OEEAA’’ and add in its [FR Doc. 2016–03298 Filed 2–22–16; 8:45 am] the SSC, along with the calculated ACL, place ‘‘the Office of Economics’’. BILLING CODE 4915–01–P HG and ACT recommendations, and VerDate Sep<11>2014 16:15 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1


Document Created: 2018-02-02 14:33:19
Document Modified: 2018-02-02 14:33:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rules.
DatesEffective March 25, 2016.
ContactAllison Davis: (202) 245-0378. Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877- 8339.
FR Citation81 FR 8848 
CFR Citation49 CFR 1001
49 CFR 1002
49 CFR 1005
49 CFR 1007
49 CFR 1011
49 CFR 1012
49 CFR 1013
49 CFR 1014
49 CFR 1016
49 CFR 1017
49 CFR 1018
49 CFR 1019
49 CFR 1021
49 CFR 1034
49 CFR 1035
49 CFR 1039
49 CFR 1090
49 CFR 1101
49 CFR 1102
49 CFR 1103
49 CFR 1104
49 CFR 1105
49 CFR 1110
49 CFR 1111
49 CFR 1113
49 CFR 1114
49 CFR 1115
49 CFR 1118
49 CFR 1139
49 CFR 1144
49 CFR 1146
49 CFR 1150
49 CFR 1151
49 CFR 1152
49 CFR 1180
49 CFR 1241
49 CFR 1242
49 CFR 1243
49 CFR 1244
49 CFR 1245
49 CFR 1246
49 CFR 1247
49 CFR 1248
49 CFR 1253
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