83 FR 42852 - Payment, Filing, and Service Procedures

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 165 (August 24, 2018)

Page Range		42852-42858
FR Document		2018-18342
The Surface Transportation Board (Board) proposes to modify its rules pertaining to certain payment, filing, and service procedures. Many of these rules are outdated and do not reflect current technology. As explained in this notice of proposed rulemaking (NPRM), the Board proposes updating its regulations relating to methods of payment, filing procedures, electronic service of Board decisions, and fees for copying, printing, and related services. The proposed updates are intended to promote increased use of electronic filing and payment systems and result in cost savings to both the Board and the public, while enhancing the accessibility of information relating to proceedings and functions of the Board.
Federal Register, Volume 83 Issue 165 (Friday, August 24, 2018)
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Proposed Rules]
[Pages 42852-42858]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18342]



[[Page 42852]]

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SURFACE TRANSPORTATION BOARD

49 CFR Parts 1002, 1012, 1104, 1110, 1111, 1113, 1130, 1132, 1150, 
1152, 1155, 1182, 1244, 1312, and 1313

[Docket No. EP 747]


Payment, Filing, and Service Procedures

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Surface Transportation Board (Board) proposes to modify 
its rules pertaining to certain payment, filing, and service 
procedures. Many of these rules are outdated and do not reflect current 
technology. As explained in this notice of proposed rulemaking (NPRM), 
the Board proposes updating its regulations relating to methods of 
payment, filing procedures, electronic service of Board decisions, and 
fees for copying, printing, and related services. The proposed updates 
are intended to promote increased use of electronic filing and payment 
systems and result in cost savings to both the Board and the public, 
while enhancing the accessibility of information relating to 
proceedings and functions of the Board.

DATES: Comments are due by September 24, 2018.

ADDRESSES: Comments may be submitted either via the Board's e-filing 
format or in paper format. Any person using e-filing should attach a 
document and otherwise comply with the instructions found on the 
Board's website at ``www.stb.gov'' at the ``E-FILING'' link. Any person 
submitting a filing in paper format should send an original and 10 
paper copies of the filing to: Surface Transportation Board, Attn: 
Docket No. EP 747, 395 E Street SW, Washington, DC 20423-0001. Written 
comments and replies will be posted on the Board's website and can also 
be obtained by contacting the Office of Public Assistance, Governmental 
Affairs, and Compliance (OPAGAC) at RCPA@stb.gov or (202) 245-0238.

FOR FURTHER INFORMATION CONTACT: Sarah Fancher, (202) 245-0355. 
Assistance for the hearing impaired is available through Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: The Board proposes to modify and update its 
rules pertaining to certain payment, filing, and service procedures. 
The Board proposes to update these rules pursuant to a recommendation 
of its Regulatory Reform Task Force (RRTF), which was established to 
comply with the spirit of Executive Order 13,777. The RRTF's mission is 
to identify Board rules and practices that are burdensome, unnecessary, 
or outdated and to recommend how they should be addressed. See 
Regulatory Reform Task Force, EP 738 (STB served June 20, 2017). In a 
status report issued in May 2017, the RRTF identified the Board's 
payment and filing procedures as a potential area for reform and, 
following stakeholder input, recommended in its November 2017 status 
report that the Board update procedural and filing rules that are in 
need of modernization.\1\ As explained further below, the Board 
proposes changes relating to methods of payment, filing procedures, 
electronic service of Board decisions, and fees for copying, printing, 
and related services.
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    \1\ These status reports can both be accessed on the Board's 
website at https://www.stb.gov/stb/about/RRTF.html.
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Methods of Payment.

a. Filing Fees (Generally Applicable)
    Currently, the Board's generally applicable regulation on filing 
fees provides that fees may be paid in one of the following manners: By 
billing account, check, money order, or credit card. 49 CFR 1002.2(a). 
That regulation further provides that, except as specified in section 
1002.2, all filing fees are payable at the time and place that the 
document is tendered for filing. 49 CFR 1002.2(a)(1).
    The Board proposes two modifications to its generally applicable 
filing fee regulation at 49 CFR 1002.2. First, the Board proposes to 
add an electronic payment option at 49 CFR 1002.2(a). The electronic 
payment option would be a convenient and quick method for the payment 
of fees to the Board and would facilitate increased use of electronic 
filing (e-filing) as described below in the discussion of filing 
procedures.
    The Board would implement electronic payment through Pay.gov, a 
website operated by the Department of Treasury and used by many federal 
agencies.\2\ The Pay.gov service is a ``fast way to make secure 
electronic payments'' to various federal agencies.\3\ Pay.gov currently 
allows payment through the following four methods, all of which the 
Board would accept: Bank accounts, credit cards, debit cards with a 
MasterCard or Visa logo, and digital wallet.\4\ As discussed below in 
the section on filing procedures, parties filing pleadings 
electronically would be required to submit payments electronically, and 
all other filers would be encouraged to do so. A link to Pay.gov would 
be available on the Board's website. In addition, the Pay.gov website 
would have a page for the Board, with links to make user fee 
payments.\5\ Once filers access the Board's page on the Pay.gov 
website, specific instructions for processing payments would be 
provided.
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    \2\ The Board may revise its electronic payment processing 
system in the future as new payment methods become available.
    \3\ Pay.gov, https://www.pay.gov/public/home (last visited May 
2, 2018.)
    \4\ For more information on Pay.gov's methods of payment and 
limits on the maximum dollar amounts allowed for each method of 
payment, see https://www.pay.gov/WebHelp/HTML/about.html, and click 
on ``About Payments.''
    \5\ The Pay.gov website lists all agencies that accept payments 
on Pay.gov and provides a link for forms to make various payments.
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    Second, the Board proposes to eliminate the options of using 
billing accounts and making payments by credit card directly to the 
Board, although, as noted, parties will still be able to make credit 
card payments using Pay.gov.\6\ Given the availability of electronic 
payments, billing accounts and payment by credit card directly to the 
Board are no longer necessary or efficient. These proposed changes 
would provide filers with a modern, efficient payment option, and, as 
described below, facilitate the increased use of electronic filing. In 
addition, the changes would ensure more timely payments of the Board's 
various fees, would provide a more secure method of payment, and would 
simplify the Board's accounting procedures. Under the proposed rules, 
those that have previously used accounts or paid by credit card 
directly to the Board would have the option of using the Board's 
electronic payment option (described above) or any of the Board's 
remaining payment methods (check or money order).
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    \6\ The Board's regulations at 49 CFR 1002.1(h) state that the 
Board also accepts ``currency . . . in accordance with 49 CFR 
1002.2(a)(3).'' However, Sec.  1002.2(a)(3) provides that fees are 
to be paid by check or money order ``payable in United States 
currency.'' Therefore, to resolve this inconsistency, the Board 
proposes to remove ``currency'' from Sec.  1002.1 to conform to 
Sec.  1002.2(a).
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b. Filing Fees for Recordations
    The Board currently accepts payments associated with recordations 
of security interests \7\ in the same manner as noted above: By billing 
account, check, money order, or credit card. See 49 CFR 1002.2(a) 
(filing fees for documents submitted for recording may be charged to 
accounts); see also 49 CFR 1177.3. The Board proposes to modify this 
practice and the language at section

[[Page 42853]]

1002.2(a) to be consistent with the proposed changes described above. 
Although recordations can already be submitted to the Board through e-
filing, these proposed changes are necessary for the Board to eliminate 
entirely the options of billing accounts and credit cards in order to 
simplify the Board's accounting procedures. As discussed below in the 
section on filing procedures, parties filing recordations 
electronically would be required to submit payments electronically; 
parties filing recordations in paper form would be encouraged to submit 
payments electronically as well.
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    \7\ See 49 U.S.C. 11301(a) (requiring a security interest in 
``vessels, railroad cars, locomotives, or other rolling stock, or 
accessories used on such railroad cars, locomotives, or other 
rolling stock (including superstructures and racks), intended for a 
use related to interstate commerce'' to be filed with the Board to 
perfect the security interest).
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c. Filing Fees for Water Carrier Tariffs and Contract Summaries
    The Board's regulations also establish the method of payment for 
filing water carrier tariffs and contract summaries. Specifically, the 
tariff or contract summary must be accompanied by the filing fee, the 
account number to be billed, or the credit card to be charged. 49 CFR 
1312.4(a)(2)(iii), section 1313.4(a)(3)(iii); see also 49 CFR 1002.2(a) 
(filing fees for tariffs and contract summaries may be charged to 
accounts); section 1002.2(b) (providing that the Board may reject a 
tariff filing filed without the fee if the filer repeatedly fails to 
submit the appropriate fee).
    The Board proposes to make changes to these regulations to 
correspond to the changes described above that are being proposed for 
section 1002.2. The proposed regulations would eliminate the option of 
and references to billing accounts and payment by credit card directly 
to the Board, and would add an option of electronic billing through 
Pay.gov.\8\ Although both water carrier tariffs and contract summaries 
are often already submitted electronically to the Board,\9\ these 
changes are necessary for the Board to eliminate entirely the options 
of billing accounts and credit cards in order to simplify the Board's 
accounting procedures.
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    \8\ The Board would also update an obsolete address at 49 CFR 
1312.4, as well as an obsolete address and telephone number at 49 
CFR 1012.2(a) and Sec.  1012.3(b)(5). The Board also proposes to 
remove obsolete language in 49 CFR 1132.1.
    \9\ This decision does not propose to change how water carrier 
tariffs and contract summaries are currently submitted to the Board; 
rather, it would change only the available methods of payment. 
Persons who wish to pay the relevant fee using Pay.gov would, under 
this proposal, provide the transaction number (as described below in 
the section E-Filing) with their submission.
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Filing Procedures

a. E-Filing
    The Board is also proposing changes to increase the use of e-
filing. The Board's current filing procedures for pleadings, found at 
49 CFR 1104.1 and described in more detail on the Board's website,\10\ 
prohibit e-filing in three circumstances: (1) Initial filings in a 
proceeding; (2) any filings (except recordations) \11\ with associated 
fees; and (3) large filings in excess of 100 megabytes. If paper 
filings are submitted, the original and 10 copies must generally be 
submitted to the Board,\12\ along with any required payment in the 
manner prescribed by 49 CFR 1002.2. The first and second of these 
limitations exist to allow the Board to confirm payment before it 
accepts a filing, while the third limitation exists due to file size 
limitations in the Board's e-filing program.
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    \10\ Procedures regarding filing and payment can be found on the 
Board's website at www.stb.gov under the tab ``E-Filing,'' and also 
under the tab ``Public Information'' and then ``Resources.'' Under 
this proposal, the Board's website would continue to contain 
relevant filing and payment information.
    \11\ In addition to pleadings, recordations are currently 
submitted via e-filing. See 49 CFR 1177.2 (documents to be recorded 
may be submitted ``via the Board's website'').
    \12\ The Board's regulations at 49 CFR 1104.3(a) require 10 
copies, unless otherwise specifically directed by another Board 
regulation or notice in an individual proceeding.
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    Under the proposal, e-filing would be permitted for all pleadings 
and recordations (100 megabytes or less). The proposed rules at section 
1002.2(a) would require that any fees associated with e-filings be paid 
electronically, allowing the Board to confirm payment via its 
electronic payment processer when it receives an e-filing. These 
modifications would eliminate the need to require paper filings for 
initial pleadings and fee-related pleadings that are e-filed. The 
proposed rules at section 1104.1 would also be revised to reflect that 
change, and would direct filers to the Board's website for details 
regarding permissible formats, acceptable signature formats, and other 
information. However, the Board would continue to require that large 
filings in excess of 100 megabytes be filed in paper form at this time. 
The Board may also require alternative filing procedures in particular 
cases.
    To utilize e-filing, a filer would first pay any required fee via 
electronic payment on the Pay.gov website. Once the payment has been 
submitted, a confirmation email from Pay.gov would be sent containing a 
unique transaction number. The filer then would go to the Board's e-
filing website to submit a filing. Once the filer has logged in, there 
would be a field for the filer to enter the transaction number received 
from Pay.gov and, if applicable, note that a fee waiver is being 
requested.\13\ This transaction number would ensure that the Board can 
match the payment with the e-filing. If no payment is associated with 
the filing, the filer would check a box to indicate either that no fee 
is required or that a fee waiver has been requested. The filer must 
either enter the transaction number or check the box to complete 
submission of a filing. After the transaction number has been entered 
or the box has been checked, the filer would complete the form and 
attach the document for e-filing. Once the filing is submitted, a 
confirmation email would be sent to the filer, as is currently done.
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    \13\ The Board also proposes to clarify its regulations 
regarding fee waivers at 49 CFR 1002.2(b), with the following 
language: If a filer requests a fee waiver but does not submit the 
appropriate fee, the filing is held for processing until a 
determination has been made on the fee waiver request. If the filer 
requests a fee waiver and submits the appropriate fee, the filing is 
accepted and the Board refunds the fee or a portion thereof if the 
fee waiver is ultimately granted.
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    E-filing would not be mandatory, but parties making paper filings 
would be encouraged to also use the Board's electronic payment 
processor. Paper filers using the electronic payment processing option 
should note the transaction number they receive from Pay.gov and 
provide it to the Board with their paper filing or when communicating 
with Board staff regarding payment of fees.
    Although many practitioners already make use of the Board's e-
filing system, these proposed changes are intended to promote increased 
use of e-filing and result in cost savings to both practitioners and 
the Board.
b. Paper Filing
    Because the paper filing option would still be available, the Board 
also proposes to modify its requirements for paper filers to reduce the 
burden on those filers. The Board's general provision on copies, found 
at 49 CFR 1104.3(a), requires 10 copies of paper filings, unless 
otherwise specifically directed by another Board regulation. Various 
other provisions of the regulations require a different number of 
copies.\14\ The Board proposes to harmonize its rules by eliminating 
the requirements to file extra copies of paper filings. Instead, paper 
filers generally would be required to file only the original paper 
filing. However, the Board would reserve the right to direct filers 
(including those who e-file) to provide paper copies of filings when

[[Page 42854]]

necessary. Because of the voluminous nature of filings in merger 
proceedings, the Board would keep the current requirement regarding the 
number of paper copies in those regulations (49 CFR 1180.4).
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    \14\ See 49 CFR 1012.6(a); 1110.2; 1110.6; 1111.3; 1111.4(c); 
1113.7(e); 1113.13; 1130.1; 1130.2(f); 1132.1(d); 1150.10; 1150.16; 
1152.21; 1152.22(i); 1152.24(a); 1152.25; 1155.23(c)(1)-(3); 
1182.7(e)(2); 1182.8(b); 1244.9(d)(3)(ii), (e)(2), (g)(3); 1312.4; 
1313.4; and 1313.10(a)(7), (a)(8)(v).
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    The Board also proposes to modify its regulations at 49 CFR 
1104.3(b) which governs electronic submissions accompanying paper 
filings. First, the Board proposes to modify the regulations to 
eliminate the requirement that electronic versions of pleadings that 
are 20 or more pages be submitted on compact discs or 3.5-inch floppy 
diskettes. See 49 CFR 1104.3(b)(1), (b)(3), (b)(4). Instead, the 
proposed regulations would require such filings to be accompanied by 
electronic versions, and would direct filers to the Board's website for 
information on how to provide those electronic versions.\15\ Such a 
change would allow the Board to more easily keep filing requirements 
consistent with evolving technology and software. For the same reason, 
the Board proposes to revise the outdated requirements at 49 CFR 
1104.3(b)(2) regarding the submission of evidence or workpapers 
consisting of mathematical computations by directing filers to the 
Board's website or the procedural orders in the case for instructions 
on the proper formatting for such evidence.
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    \15\ At this time, electronic versions would be accepted by 
email, compact disc, or USB flash drive.
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Electronic Service (E-Service) of Board Decisions

    With the same objective of updating and streamlining Board 
procedures, the Board also proposes new procedures regarding service of 
decisions.\16\ Currently, the Board mails paper copies of its decisions 
to parties on the service list for each case, incurring costs for 
mailing and associated resources, and also delaying what could 
otherwise be more immediate notification to service list participants. 
Under the proposal, Board decisions would be served by email to those 
who consent to e-service, thereby streamlining the current process. It 
is anticipated that the Board would serve decisions by email 
immediately following posting of decisions on the Board's website, 
allowing participants to receive more expeditious notification of 
decisions than with paper service. As discussed below, paper service of 
Board decisions would still be used for those parties who do not 
consent to e-service.
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    \16\ The new procedures would not affect the Board's rules 
regarding parties' service of their filings on other parties.
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    Under this proposal, parties that provide an email address to the 
Board when making a filing would be deemed to have consented to e-
service of decisions in one of two ways. First, a party making an e-
filing in a proceeding would also be consenting to e-service in that 
proceeding. The email address(es) provided in the required field in the 
e-filing form would be included on the service list on behalf of that 
party for the proceeding. This field in the e-filing form would allow 
an e-filer to enter multiple email addresses on behalf of that party as 
e-service recipients. Second, a party who makes a paper filing and 
includes an email address(es) on such filings would also be deemed to 
consent to e-service in the proceeding in which the filing was made 
unless the party opts out. The Board would send such paper filers a 
letter informing them that the email address(es) on the filing would be 
used on the service list unless the filer opts out, and verifying that 
the email address(es) provided is correct.
    The email addresses used by the Board for e-service would be listed 
on the public service list for each proceeding. Filers should be aware, 
however, that, at this time, consent for e-service would be proceeding-
specific and not filer-specific. Thus, the inclusion of an email 
address on one service list would not mean that the email address will 
automatically appear on a service list for a different proceeding in 
which they are participating.
    The Board would continue to send paper copies of Board decisions as 
a backup to e-service during the early stages of e-service 
implementation. The Board expects that this transitional dual service 
period would last for up to three months after the effective date of 
any final rule.
    The Board would treat proceedings that are open at the time the 
rule becomes effective as follows. Email addresses that were previously 
provided by service list participants when filing (including when e-
filing) would not automatically be used for e-service. However, 
consistent with the procedures explained above, after the effective 
date of this rule, a party's email address would be added to the e-
service list if the party: (1) Utilizes e-filing, or (2) does not opt 
out of e-service after making a paper filing that includes an email 
address.

Fees for Copying, Printing, and Related Services

    The Board is proposing to update and clarify its fees for copying, 
printing, and related services found at 49 CFR 1002.1. These changes 
would reduce costs to the public, simplify the fees and associated 
accounting of such fees, and update obsolete or incorrect references.
    The proposed regulations would reduce the charge for copying and 
printing tariffs, reports, and other public documents at 49 CFR 
1002.1(d) from $1.50 per letter or legal size exposure with a $7.50 
minimum to $0.25 per letter or legal size exposure. There would be no 
charge for the first 100 pages of copying or printing, which would be 
consistent with current Freedom of Information Act (FOIA) regulations 
at section 1002.1(g) that exclude charges for the first 100 pages for 
certain categories of users.\17\ The same reduced charge of $0.25 per 
page would also apply to copying and printing documents not considered 
public under FOIA at current 49 CFR 1002.1(g)(7).
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    \17\ The proposed exclusion for the first 100 pages under 
section 1002.1(d) would apply to all users.
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    In addition, the Board is proposing to eliminate current 49 CFR 
1002.1(f) and (g)(8), governing search and copying services requiring 
computer processing, which are obsolete and outdated.

Administrative Procedure Act and Regulatory Flexibility Act

    Because these proposed revisions relate to rules of agency 
organization, procedure, or practice, they are not subject to the 
provisions of the Administrative Procedure Act (APA) requiring notice 
and opportunity for public comment. See 5 U.S.C. 553(b)(3)(A). Because 
the Board has determined that notice and comment are not required under 
the APA for this rulemaking, the requirements of the Regulatory 
Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996, 5 U.S.C. 601-612, do not apply. 
Nevertheless, the Board has determined that it would be useful to 
publish these proposed rule changes for notice and comment before 
adoption.
    It is ordered:
    1. Comments are due by September 24, 2018.
    2. Notice of this decision will be published in the Federal 
Register.
    3. This decision is effective on its date of service.

List of Subjects

49 CFR Part 1002

    Administrative practice and procedure, Common carriers, Freedom of 
information.

49 CFR Part 1012

    Sunshine Act.

[[Page 42855]]

49 CFR Part 1104

    Administrative practice and procedure.

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 1130

    Administrative practice and procedure.

49 CFR Part 1132

    Administrative practice and procedure.

49 CFR Part 1150

    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 1155

    Administrative practice and procedure, Railroads, Waste treatment 
and disposal.

49 CFR Part 1182

    Administrative practice and procedure, Motor carriers.

49 CFR Part 1244

    Freight, Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1312

    Freight forwarders, Maritime carriers, Motor carriers, Moving of 
household goods, Pipelines, Railroads.

49 CFR Part 1313

    Administrative practice and procedure, Agricultural commodities, 
Forests and forest products, Railroads.


    Decided: August 20, 2018.

    By the Board, Board Member Begeman and Miller.
Marline Simeon,
Clearance Clerk.

    For the reasons set forth in the preamble, the Surface 
Transportation Board proposes to amend parts 1002, 1012, 1104, 1110, 
1111, 1113, 1130, 1132, 1150, 1152, 1155, 1182, 1244, 1312, and 1313 of 
title 49, chapter X, of the Code of Federal Regulations as follows:

PART 1002--FEES

0
1. The authority citation for part 1002 is revised to read as follows: 
5 U.S.C. 552(a)(4)(A), (a)(6)(B), and 553; 31 U.S.C. 9701; and 49 
U.S.C. 1321. Section 1002.1(f)(11) is also issued under 5 U.S.C. 5514 
and 31 U.S.C. 3717.
0
2. Amend Sec.  1002.1 as follows:
0
a. Revise paragraph (d);
0
b. Amend paragraph (e) by removing the words ``Room 1200,'';
0
c. Remove paragraph (f), redesignate paragraphs (g) through (i) as 
paragraphs (f) through (h);
0
d. Revise newly redesignated paragraph (f)(7);
0
e. Remove newly redesignated paragraph (f)(8), redesignate paragraphs 
(f)(9) through (f)(14) as (f)(8) through (f)(13); and
0
f. Revise newly redesignated paragraph (g);
    The revisions read as follows:


Sec.  1002.1  Fees for records search, review, copying, certification, 
and related services.

* * * * *
    (d) Copies or computer printouts of tariffs, reports, and other 
public documents, at the rate of $.25 per letter or legal size 
exposure, only after the first 100 pages, with a minimum charge of 
$7.50. Copies of electronic records, audiovisual materials, or other 
forms of data are available at the actual cost of duplication or 
transcription.
    (f) * * *
    (7) The fee for copies or computer printouts shall be $.25 per 
letter or legal size exposure, with a minimum charge of $7.50. Copies 
of electronic records, audiovisual materials, or other forms of data 
are available at the actual cost of duplication or transcription.
* * * * *
    (g) Fees for services described in paragraph (a) through (f) of 
this section may be paid by check, money order, or through the Board's 
electronic payment system in accordance with 49 CFR 1002.2(a)(2).
* * * * *
0
3. Amend Sec.  1002.2 as follows:
0
a. Amend paragraph (a)(1) by removing the last sentence;
0
b. Remove paragraph (a)(2);
0
c. Redesignate paragraph (a)(3) as paragraph (a)(2);
0
d. Revise newly redesignated paragraph (a)(2); and
0
e. Revise paragraph (b);
    The revisions read as follows:


Sec.  1002.2  Filing fees.

* * * * *
    (a)(2) Filing fees for all e-filings must be paid on the Board's 
electronic payment system found on the Board's website. Filing fees for 
other filings may be paid by the electronic payment system, but will 
also be accepted payable to the Surface Transportation Board, by check 
payable in United States currency drawn upon funds deposited in a 
United States or foreign bank or other financial institution, money 
order payable in United States currency.
    (b) Any filing that is not accompanied by the appropriate filing 
fee or a request for waiver of the fee is deficient. If a filer 
requests a fee waiver but does not submit the appropriate fee, the 
filing is held for processing until a determination has been made on 
the fee waiver request. If the filer requests a fee waiver and submits 
the appropriate fee, the filing is accepted and the Board refunds the 
fee or a portion thereof if the fee waiver is ultimately granted.
* * * * *

PART 1012--MEETINGS OF THE BOARD

0
4. The authority citation for part 1012 continues to read as follows: 5 
U.S.C. 552b(g), 49 U.S.C. 1301, 1321.


Sec.  1012.2  [Amended]

0
5. In Sec.  1012.2(a), remove the words ``located at 1925 K Street, NW, 
Washington, DC''.


Sec.  1012.3  [Amended]

0
6. In Sec.  1012.3(b)(5), remove the sentence ``Unless otherwise 
specified, that official will be the Board's Public Information 
Officer, whose telephone number is (202) 275-7252.''.
0
7. In Sec.  1012.6, revise paragraph (a) to read as follows:


Sec.  1012.6  Petitions seeking to open or close a meeting.

    (a) The Board will entertain petitions requesting either the 
opening of a meeting proposed to be closed to the public or the closing 
of a meeting proposed to be open to the public. In the case of a 
meeting of the Board, or a Division or committee of the Board, a 
petition shall be filed.
* * * * *

PART 1104--FILING WITH THE BOARD-COPIES-VERIFICATION-SERVICE-
PLEADINGS, GENERALLY

0
8. The authority citation for part 1104 continues to read as follows: 5 
U.S.C. 553 and 559; 18 U.S.C. 1621; and 49 U.S.C. 1321.
0
9. In Sec.  1104.1, revise paragraph (e) to read as follows:


Sec.  1104.1  Address, identification, and electronic filing option.

* * * * *

[[Page 42856]]

    (e) Unless otherwise directed by the Board, persons filing 
pleadings and documents with the Board have the option of 
electronically filing (e-filing) pleadings and documents instead of 
filing paper copies. Details regarding file size limitations, 
permissible formats, procedures to be followed, acceptable signature 
formats, and other pertinent information are available on the Board's 
website, www.stb.gov. If the e-filing option is chosen, then the 
applicable requirements will be those specified on the Board's website, 
and any requirements of 49 CFR part 1104 that specifically apply to 
filing of paper copies will not apply to the e-filed pleadings and 
documents (these requirements include, but are not limited to, stapling 
or binding specifications, signature ``in ink,'' etc.). Persons are not 
required to e-file and may continue to use the Board's processes for 
filing paper copies.
0
10. Revise Sec.  1104.3 to read as follows:


Sec.  1104.3  Paper filings, electronic submissions, and copies.

    (a) The executed original of a paper pleading or document permitted 
or required to be filed under this subchapter, including 
correspondence, must be furnished for the use of the Board. Textual 
submissions of 20 or more pages must be accompanied by an electronic 
version. Details regarding electronic submissions, including evidence, 
workpapers, and other pertinent information are available on the 
Board's website, www.stb.gov.
    (b) The Board may, at its discretion, request paper copies of a 
pleading, document, or paper filed or e-filed with the Board. Any such 
copies must be clear and legible. Appropriate notes or other 
indications shall be used so that matters shown in color on the 
original, but in black and white on the copies, will be accurately 
identified on all copies.

PART 1110--PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS

0
11. The authority citation for part 1110 continues to read as follows: 
49 U.S.C. 1321.
0
12. Amend Sec.  1110.2 by revising paragraph (c)(1) to read as follows:


Sec.  1110.2  Opening of proceeding.

* * * * *
    (c) * * *
    (1) Be submitted to the Chief, Section of Administration, Office of 
Proceedings, Surface Transportation Board, Washington DC;
* * * * *


Sec.  1110.6  [Amended]

0
13. Amend Sec.  1110.6(a) by removing the phrase ``and one copy''.

PART 1111--COMPLAINT AND INVESTIGATION PROCEDURES

0
14. The authority citation for part 1111 continues to read as follows: 
49 U.S.C. 10704, 11701, and 1321.
0
15. In Sec.  1111.4, revise the sixth sentence and remove the seventh 
sentence to read as follows:


Sec.  1111.4  [Amended]

    * * * The complaint should be filed with the Board together with an 
acknowledgment of service by the persons served or proof of service in 
the form of a statement of the date and manner of service, of the names 
of the persons served, and of the addresses to which the papers were 
mailed or at which they were delivered, certified by the person who 
made service.
0
16. Amend Sec.  1111.5 by revising paragraph (c) to read as follows:


Sec.  1111.5  Answers and cross complaints.

* * * * *
    (c) Time for filing; copies; service. An answer must be filed with 
the Board within 20 days after the service of the complaint or within 
such additional time as the Board may provide. The defendant must serve 
copies of the answer upon the complainant and any other defendants.
* * * * *

PART 1113--ORAL HEARING

0
17. The authority citation for part 1113 continues to read as follows: 
5 U.S.C. 559; 49 U.S.C. 1321.
0
18. Amend Sec.  1113.7 by revising the first two sentences of paragraph 
(e) to read as follows:


Sec.  1113.7  [Amended]

* * * * *
    (e) Copies; service; replies. When a petition for leave to 
intervene is tendered at the hearing, sufficient copies of the petition 
must be provided for distribution to the parties represented at the 
hearing. When a petition for leave to intervene is not tendered at the 
hearing, the petition should be submitted to the Board together with a 
certificate that service has been made by petitioner. * * *
* * * * *


Sec.  1113.13  [Amended]

0
19. Amend Sec.  1113.13 as follows:
0
a. Revise the section heading; and
0
b. Remove the last sentence of the paragraph;
    The revisions read as follows:


Sec.  1113.13  Filing evidence subsequent to hearing.

* * * * *

PART 1130--INFORMAL COMPLAINTS

0
20. The authority citation for part 1130 continues to read as follows: 
49 U.S.C. 1321, 13301(f), 14709.
0
21. Amend Sec.  1130.1 by revising paragraph (a) to read as follows:


Sec.  1130.1  When no damages sought.

    (a) Form and content. Informal complaint may be by letter or other 
writing filed with the Board and will be serially numbered as filed. 
The complaint must contain the essential elements of a formal complaint 
as specified at 49 CFR 1111.1(a) and may embrace supporting papers.
* * * * *
0
22. Amend Sec.  1130.2 by revising the last sentence of paragraph (f) 
to read as follows:


Sec.  1130.2  When damages sought.

* * * * *
    (f) * * * Any petition for reconsideration should be filed with the 
Board.
* * * * *

PART 1132--PROTESTS REQUESTING SUSPENSION AND INVESTIGATION OF 
COLLECTIVE RATEMAKING ACTIONS

0
23. The authority citation for part 1132 continues to read as follows: 
49 U.S.C. 1321, 13301(f), and 13703.
0
24. Amend Sec.  1132.1 as follows:
0
a. Remove paragraph (c);
0
b. Redesignate paragraphs (d) and (e) as (c) and (d);
0
c. Revise newly designated paragraph (c);
0
d. Remove the last sentence of newly designated paragraph (d);
    The revisions read as follows:


Sec.  1132.1  Protest against collective rate-making actions.

* * * * *
    (c) Copies; service. Every protest or reply filed under this 
section should be directed to the attention of the Chief, Section of 
Administration, Office of Proceedings, Surface Transportation Board. 
One copy of each protest or reply filed under this section 
simultaneously must be served upon the publishing carrier or collective 
ratemaking organization, and upon other persons known by protestant to 
be interested.
* * * * *

[[Page 42857]]

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

0
25. The authority citation for part 1150 continues to read as follows: 
49 U.S.C. 1321(a), 10502, 10901, and 10902.


Sec.  1150.10  [Amended]

0
26. In Sec.  1150.10:
0
a. In paragraph (b), remove the words ``The original and 10 copies of 
the application'' and add in their place ``An application'', and remove 
the words ``application shall include'' and add in their place 
``application may include''; and
0
b. In paragraph (g), remove ``(with 10 copies)''.


Sec.  1150.16  [Amended]

0
27. In Sec.  1150.16, remove the reference to ``(plus three copies)''.

PART 1152--ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL 
TRANSPORTATION UNDER 49 U.S.C. 10903

0
28. The authority citation for part 1152 continues to read as follows: 
11 U.S.C. 1170; 16 U.S.C. 1247(d) and 1248; 45 U.S.C. 744; and 49 
U.S.C. 1301, 1321(a), 10502, 10903-10905, and 11161.


Sec.  1152.21  [Amended]

0
29. In Sec.  1152.21, in the paragraph beginning with, ``Written 
comments and protests, including all requests. . .'', remove the words 
``The original and 10 copies of all comments or protests'' and add in 
their place ``Every comment or protest''.


Sec.  1152.22  [Amended]

0
30. In Sec.  1152.22(i), in the paragraph beginning with, ``Written 
comments and protests, including all requests. . .'', remove the words 
``The original and 10 copies of all comments or protests'' and add in 
their place ``Every comment or protest''.
0
31. Amend Sec.  1152.24 by revising paragraph (a) to read as follows:


Sec.  1152.24  Filing and service of application.

    (a) The application shall be filed with the Chief, Section of 
Administration, Office of Proceedings, Washington, DC 20423-0001. The 
application shall bear the date and signature and shall be complete in 
itself. The applicable filing fee must be paid by check, money order, 
or through the Board's electronic payment system (see 49 CFR part 
1002). If the applicant carrier is in bankruptcy, the application shall 
also be filed on the bankruptcy court.
* * * * *
0
32. Amend Sec.  1152.25 as follows:
0
a. Remove paragraph (c)(2);
0
b. Redesignate paragraphs (c)(3) to (c)(4) as paragraphs (c)(2) to 
(c)(3).
0
c. Revise newly redesignated paragraph (c)(3);
0
d. Revise paragraphs (e)(1)(iii), (4), (6), and (7)(i);
    The revisions read as follows:


Sec.  1152.25  Participation in abandonment or discontinuance 
proceedings.

    (c) * * *
    (3) Replies or rebuttal to written comments and protests shall be 
filed and served by applicants no later than 60 days after the filing 
of the application.
* * * * *
    (e) * * *
    (1) * * *
    (iii) The applicability and administration of the Trails Act [16 
U.S.C. 1247(d)] in abandonment proceedings under 49 U.S.C. 10903 (and 
abandonment exemption proceedings), issued pursuant to delegations of 
authority at 49 CFR 1011.7(a)(2)(iv) and (v), will be acted on by the 
entire Board as set forth at 49 CFR 1011.2(a)(7). Any appeals, and 
replies to appeals, under this section must be filed with the Board.
* * * * *
    (4) Petitions to reopen administratively final actions. A person 
may file with the Board a petition to reopen any administratively final 
action of the Board. A petition to reopen shall state in detail the 
respects in which the proceeding involves material error, new evidence, 
or substantially changed circumstances.
* * * * *
    (6) Petitions to vacate. In the event of procedural defects (such 
as the loss of a properly filed protest, the failure of the applicant 
to afford the public the requisite notice of its proposed abandonment, 
etc.), the Board will entertain petitions to vacate the abandonment or 
discontinuance authorization. Any petitions to vacate must be filed 
with the Board.
    (7) * * *
    (i) The filing of a petition to reopen shall not stay the effect of 
a prior action. Any petition to stay must be filed with the Board.
* * * * *

PART 1155--SOLID WASTE RAIL TRANSFER FACILITIES

0
33. The authority citation for part 1155 continues to read as follows: 
49 U.S.C. 1321(a), 10908, 10909, 10910.


Sec.  1155.23  [Amended]

0
34. In Sec.  1155.23:
0
a. In paragraph (c)(1), remove the sentence ``An original and 10 copies 
of each comment shall be filed with the Board.'';
0
b. In paragraph (c)(2), remove the sentence ``An original and 10 copies 
of such comments shall be filed with the Board.''; and
0
c. In paragraph (c)(3), remove the sentence ``An original and 10 copies 
of such replies shall be filed with the Board.''

PART 1182--PURCHASE, MERGER, AND CONTROL OF MOTOR PASSENGER 
CARRIERS

0
35. The authority citation for part 1182 continues to read as follows: 
5 U.S.C. 559; 21 U.S.C. 862; and 49 U.S.C. 13501, 13541(a), 13902(c), 
and 14303.


Sec.  1182.7  [Amended]

0
36. In Sec.  1182.7(e)(2), remove the words ``The original and 10 
copies of the'' and add in their place ``The''.


Sec.  1182.8  [Amended]

0
37. Amend Sec.  1182.8(b) by removing paragraph (b) and redesignating 
paragraphs (c) to (f) as paragraphs (b) to (e).

PART 1244--WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY--
RAILROADS

0
38. The authority citation for part 1244 continues to read as follows:
    49 U.S.C. 1321, 10707, 11144, 11145.


Sec.  1244.9  [Amended]

0
39. In Sec.  1244.9:
0
a. In paragraph (d)(3):
0
i. In paragraph (i), insert the words ``with the Director, Office of 
Economics, Surface Transportation Board, Washington, DC'' at the end of 
the sentence;
0
ii. Remove paragraph (ii); and
0
iii. Redesignate subparagraph (iii) as subparagraph (ii).
0
b. In paragraph (e)(2), remove the words ``An original and 2 copies of 
the'' and add in their place ``The''.
0
c. In paragraph (g)(3), remove the words ``An original and three (3) 
copies of the'' and add in their place ``The''.

PART 1312--REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF 
TARIFFS FOR THE TRANSPORTATION OF PROPERTY BY OR WITH A WATER 
CARRIER IN NONCONTIGUOUS DOMESTIC TRADE

0
40. The authority citation for part 1312 continues to read as follows: 
49 U.S.C. 1321(a), 13702(a), 13702(b) and 13702(d).

[[Page 42858]]

Sec.  1312.4  [Amended]

0
41. In Sec.  1312.4:
0
a. In paragraph (a)(1), remove ``1925 K Street, NW,'';
0
b. In paragraph (a)(2)(iii), remove the words ``enclosed, the account 
number to be billed, or the credit card to be charged;'' and add in 
their place ``enclosed (pursuant to 49 CFR 1002.2(a)); and'';
0
c. In paragraph (a)(2)(iv), remove the words ``numbers; and'' and add 
in their place ``numbers.''; and
0
d. Remove paragraph (a)(2)(v).

PART 1313--RAILROAD CONTRACTS FOR THE TRANSPORTATION OF 
AGRICULTURAL PRODUCTS

0
42. The authority citation for part 1313 continues to read as follows: 
49 U.S.C. 1321(a) and 10709.
0
43. In Sec.  1313.4, revise paragraphs (a)(3)(iii) and (iv), and remove 
paragraph (a)(3)(v), to read as follows:


Sec.  1313.4  Filing procedures and formats for contract summaries.

    (a) * * *
    (3) * * *
    (iii) The filing fee enclosed (pursuant to 49 CFR 1002.2(a)); and
    (iv) The transmittal number if the filer utilizes transmittal 
numbers.
* * * * *
0
44. In Sec.  1313.10, revise paragraph (a)(7) and remove paragraph 
(a)(8)(v) to read as follows:


Sec.  1313.10  Procedures for complaints and discovery.

    (a) * * *
    (7) Filings. If a complaint, petition, or reply is filed in paper, 
it must be filed with the Board in a package marked ``Confidential Rail 
Contract Material''. If a complaint, petition, or reply is 
electronically filed, it must be designated as confidential in the 
Board's e-filing system.
* * * * *

[FR Doc. 2018-18342 Filed 8-23-18; 8:45 am]
BILLING CODE 4915-01-P
Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules 42853

1002.2(a) to be consistent with the Board’s current filing procedures for fee waiver is being requested.13 This
proposed changes described above. pleadings, found at 49 CFR 1104.1 and transaction number would ensure that
Although recordations can already be described in more detail on the Board’s the Board can match the payment with
submitted to the Board through e-filing, website,10 prohibit e-filing in three the e-filing. If no payment is associated
these proposed changes are necessary circumstances: (1) Initial filings in a with the filing, the filer would check a
for the Board to eliminate entirely the proceeding; (2) any filings (except box to indicate either that no fee is
options of billing accounts and credit recordations) 11 with associated fees; required or that a fee waiver has been
cards in order to simplify the Board’s and (3) large filings in excess of 100 requested. The filer must either enter
accounting procedures. As discussed megabytes. If paper filings are the transaction number or check the box
below in the section on filing submitted, the original and 10 copies to complete submission of a filing. After
procedures, parties filing recordations must generally be submitted to the the transaction number has been entered
electronically would be required to Board,12 along with any required or the box has been checked, the filer
submit payments electronically; parties payment in the manner prescribed by 49 would complete the form and attach the
filing recordations in paper form would CFR 1002.2. The first and second of document for e-filing. Once the filing is
be encouraged to submit payments these limitations exist to allow the submitted, a confirmation email would
electronically as well. Board to confirm payment before it be sent to the filer, as is currently done.
accepts a filing, while the third E-filing would not be mandatory, but
c. Filing Fees for Water Carrier Tariffs parties making paper filings would be
limitation exists due to file size
and Contract Summaries encouraged to also use the Board’s
limitations in the Board’s e-filing
The Board’s regulations also establish program. electronic payment processor. Paper
the method of payment for filing water Under the proposal, e-filing would be filers using the electronic payment
carrier tariffs and contract summaries. permitted for all pleadings and processing option should note the
Specifically, the tariff or contract recordations (100 megabytes or less). transaction number they receive from
summary must be accompanied by the The proposed rules at section 1002.2(a) Pay.gov and provide it to the Board with
filing fee, the account number to be would require that any fees associated their paper filing or when
billed, or the credit card to be charged. with e-filings be paid electronically, communicating with Board staff
49 CFR 1312.4(a)(2)(iii), section allowing the Board to confirm payment regarding payment of fees.
1313.4(a)(3)(iii); see also 49 CFR via its electronic payment processer Although many practitioners already
1002.2(a) (filing fees for tariffs and when it receives an e-filing. These make use of the Board’s e-filing system,
contract summaries may be charged to modifications would eliminate the need these proposed changes are intended to
accounts); section 1002.2(b) (providing to require paper filings for initial promote increased use of e-filing and
that the Board may reject a tariff filing pleadings and fee-related pleadings that result in cost savings to both
filed without the fee if the filer are e-filed. The proposed rules at practitioners and the Board.
repeatedly fails to submit the section 1104.1 would also be revised to b. Paper Filing
appropriate fee). reflect that change, and would direct
The Board proposes to make changes filers to the Board’s website for details Because the paper filing option would
to these regulations to correspond to the regarding permissible formats, still be available, the Board also
changes described above that are being acceptable signature formats, and other proposes to modify its requirements for
proposed for section 1002.2. The information. However, the Board would paper filers to reduce the burden on
proposed regulations would eliminate continue to require that large filings in those filers. The Board’s general
the option of and references to billing excess of 100 megabytes be filed in provision on copies, found at 49 CFR
accounts and payment by credit card paper form at this time. The Board may 1104.3(a), requires 10 copies of paper
directly to the Board, and would add an filings, unless otherwise specifically
also require alternative filing procedures
option of electronic billing through directed by another Board regulation.
in particular cases.
Pay.gov.8 Although both water carrier To utilize e-filing, a filer would first Various other provisions of the
tariffs and contract summaries are often pay any required fee via electronic regulations require a different number of
already submitted electronically to the payment on the Pay.gov website. Once copies.14 The Board proposes to
Board,9 these changes are necessary for the payment has been submitted, a harmonize its rules by eliminating the
the Board to eliminate entirely the confirmation email from Pay.gov would requirements to file extra copies of
options of billing accounts and credit be sent containing a unique transaction paper filings. Instead, paper filers
cards in order to simplify the Board’s generally would be required to file only
number. The filer then would go to the
accounting procedures. the original paper filing. However, the
Board’s e-filing website to submit a
Board would reserve the right to direct
Filing Procedures filing. Once the filer has logged in, there
filers (including those who e-file) to
would be a field for the filer to enter the
a. E-Filing provide paper copies of filings when
transaction number received from
The Board is also proposing changes Pay.gov and, if applicable, note that a 13 The Board also proposes to clarify its
to increase the use of e-filing. The regulations regarding fee waivers at 49 CFR
10 Procedures regarding filing and payment can be 1002.2(b), with the following language: If a filer
8 The Board would also update an obsolete found on the Board’s website at www.stb.gov under requests a fee waiver but does not submit the
address at 49 CFR 1312.4, as well as an obsolete the tab ‘‘E-Filing,’’ and also under the tab ‘‘Public appropriate fee, the filing is held for processing
address and telephone number at 49 CFR 1012.2(a) Information’’ and then ‘‘Resources.’’ Under this until a determination has been made on the fee
sradovich on DSK3GMQ082PROD with PROPOSALS

and § 1012.3(b)(5). The Board also proposes to proposal, the Board’s website would continue to waiver request. If the filer requests a fee waiver and
remove obsolete language in 49 CFR 1132.1. contain relevant filing and payment information. submits the appropriate fee, the filing is accepted
9 This decision does not propose to change how 11 In addition to pleadings, recordations are and the Board refunds the fee or a portion thereof
water carrier tariffs and contract summaries are currently submitted via e-filing. See 49 CFR 1177.2 if the fee waiver is ultimately granted.
currently submitted to the Board; rather, it would (documents to be recorded may be submitted ‘‘via 14 See 49 CFR 1012.6(a); 1110.2; 1110.6; 1111.3;

change only the available methods of payment. the Board’s website’’). 1111.4(c); 1113.7(e); 1113.13; 1130.1; 1130.2(f);
Persons who wish to pay the relevant fee using 12 The Board’s regulations at 49 CFR 1104.3(a) 1132.1(d); 1150.10; 1150.16; 1152.21; 1152.22(i);
Pay.gov would, under this proposal, provide the require 10 copies, unless otherwise specifically 1152.24(a); 1152.25; 1155.23(c)(1)–(3); 1182.7(e)(2);
transaction number (as described below in the directed by another Board regulation or notice in an 1182.8(b); 1244.9(d)(3)(ii), (e)(2), (g)(3); 1312.4;
section E-Filing) with their submission. individual proceeding. 1313.4; and 1313.10(a)(7), (a)(8)(v).

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42856 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules

(e) Unless otherwise directed by the § 1110.6 [Amended] § 1113.13 Filing evidence subsequent to
Board, persons filing pleadings and ■ 13. Amend § 1110.6(a) by removing hearing.
documents with the Board have the the phrase ‘‘and one copy’’. * * * * *
option of electronically filing (e-filing)
pleadings and documents instead of PART 1111—COMPLAINT AND PART 1130—INFORMAL COMPLAINTS
filing paper copies. Details regarding file INVESTIGATION PROCEDURES
size limitations, permissible formats, ■ 20. The authority citation for part
■ 14. The authority citation for part 1130 continues to read as follows: 49
procedures to be followed, acceptable 1111 continues to read as follows: 49
signature formats, and other pertinent U.S.C. 1321, 13301(f), 14709.
U.S.C. 10704, 11701, and 1321.
information are available on the Board’s ■ 21. Amend § 1130.1 by revising
■ 15. In § 1111.4, revise the sixth
website, www.stb.gov. If the e-filing paragraph (a) to read as follows:
sentence and remove the seventh
option is chosen, then the applicable sentence to read as follows: § 1130.1 When no damages sought.
requirements will be those specified on
the Board’s website, and any § 1111.4 [Amended] (a) Form and content. Informal
requirements of 49 CFR part 1104 that * * * The complaint should be filed complaint may be by letter or other
specifically apply to filing of paper with the Board together with an writing filed with the Board and will be
copies will not apply to the e-filed acknowledgment of service by the serially numbered as filed. The
pleadings and documents (these persons served or proof of service in the complaint must contain the essential
requirements include, but are not form of a statement of the date and elements of a formal complaint as
limited to, stapling or binding manner of service, of the names of the specified at 49 CFR 1111.1(a) and may
specifications, signature ‘‘in ink,’’ etc.). persons served, and of the addresses to embrace supporting papers.
Persons are not required to e-file and which the papers were mailed or at * * * * *
may continue to use the Board’s which they were delivered, certified by ■ 22. Amend § 1130.2 by revising the
processes for filing paper copies. the person who made service. last sentence of paragraph (f) to read as
■ 10. Revise § 1104.3 to read as follows: ■ 16. Amend § 1111.5 by revising follows:
paragraph (c) to read as follows:
§ 1104.3 Paper filings, electronic
§ 1130.2 When damages sought.
submissions, and copies. § 1111.5 Answers and cross complaints.
* * * * *
(a) The executed original of a paper * * * * *
pleading or document permitted or (c) Time for filing; copies; service. An (f) * * * Any petition for
required to be filed under this answer must be filed with the Board reconsideration should be filed with the
subchapter, including correspondence, within 20 days after the service of the Board.
must be furnished for the use of the complaint or within such additional * * * * *
Board. Textual submissions of 20 or time as the Board may provide. The
more pages must be accompanied by an defendant must serve copies of the PART 1132—PROTESTS REQUESTING
electronic version. Details regarding answer upon the complainant and any SUSPENSION AND INVESTIGATION
electronic submissions, including other defendants. OF COLLECTIVE RATEMAKING
evidence, workpapers, and other ACTIONS
* * * * *
pertinent information are available on
the Board’s website, www.stb.gov. ■ 23. The authority citation for part
PART 1113—ORAL HEARING
(b) The Board may, at its discretion, 1132 continues to read as follows: 49
request paper copies of a pleading, ■ 17. The authority citation for part U.S.C. 1321, 13301(f), and 13703.
document, or paper filed or e-filed with 1113 continues to read as follows: 5 ■ 24. Amend § 1132.1 as follows:
the Board. Any such copies must be U.S.C. 559; 49 U.S.C. 1321. ■ a. Remove paragraph (c);
clear and legible. Appropriate notes or ■ 18. Amend § 1113.7 by revising the
first two sentences of paragraph (e) to ■ b. Redesignate paragraphs (d) and (e)
other indications shall be used so that
read as follows: as (c) and (d);
matters shown in color on the original,
but in black and white on the copies, ■ c. Revise newly designated paragraph
§ 1113.7 [Amended] (c);
will be accurately identified on all
* * * * *
copies. ■ d. Remove the last sentence of newly
(e) Copies; service; replies. When a
designated paragraph (d);
PART 1110—PROCEDURES petition for leave to intervene is
tendered at the hearing, sufficient The revisions read as follows:
GOVERNING INFORMAL
RULEMAKING PROCEEDINGS copies of the petition must be provided § 1132.1 Protest against collective rate-
for distribution to the parties making actions.
■ 11. The authority citation for part represented at the hearing. When a
1110 continues to read as follows: 49 * * * * *
petition for leave to intervene is not
U.S.C. 1321. tendered at the hearing, the petition (c) Copies; service. Every protest or
■ 12. Amend § 1110.2 by revising should be submitted to the Board reply filed under this section should be
paragraph (c)(1) to read as follows: together with a certificate that service directed to the attention of the Chief,
has been made by petitioner. * * * Section of Administration, Office of
sradovich on DSK3GMQ082PROD with PROPOSALS

§ 1110.2 Opening of proceeding. Proceedings, Surface Transportation
* * * * *
* * * * * Board. One copy of each protest or reply
(c) * * * § 1113.13 [Amended] filed under this section simultaneously
(1) Be submitted to the Chief, Section ■ 19. Amend § 1113.13 as follows: must be served upon the publishing
of Administration, Office of ■ a. Revise the section heading; and carrier or collective ratemaking
Proceedings, Surface Transportation ■ b. Remove the last sentence of the organization, and upon other persons
Board, Washington DC; paragraph; known by protestant to be interested.
* * * * * The revisions read as follows: * * * * *

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Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules 42857

PART 1150—CERTIFICATE TO ■ 32. Amend § 1152.25 as follows: ■ a. In paragraph (c)(1), remove the
CONSTRUCT, ACQUIRE, OR OPERATE ■ a. Remove paragraph (c)(2); sentence ‘‘An original and 10 copies of
RAILROAD LINES ■ b. Redesignate paragraphs (c)(3) to each comment shall be filed with the
(c)(4) as paragraphs (c)(2) to (c)(3). Board.’’;
■ 25. The authority citation for part ■ c. Revise newly redesignated ■ b. In paragraph (c)(2), remove the
1150 continues to read as follows: 49 paragraph (c)(3); sentence ‘‘An original and 10 copies of
U.S.C. 1321(a), 10502, 10901, and ■ d. Revise paragraphs (e)(1)(iii), (4), (6),
such comments shall be filed with the
10902. and (7)(i); Board.’’; and
The revisions read as follows:
§ 1150.10 [Amended] ■ c. In paragraph (c)(3), remove the
■ 26. In § 1150.10: § 1152.25 Participation in abandonment or sentence ‘‘An original and 10 copies of
■ a. In paragraph (b), remove the words discontinuance proceedings. such replies shall be filed with the
‘‘The original and 10 copies of the (c) * * * Board.’’
application’’ and add in their place ‘‘An (3) Replies or rebuttal to written
application’’, and remove the words comments and protests shall be filed PART 1182—PURCHASE, MERGER,
‘‘application shall include’’ and add in and served by applicants no later than AND CONTROL OF MOTOR
their place ‘‘application may include’’; 60 days after the filing of the PASSENGER CARRIERS
and application.
■ 35. The authority citation for part
■ b. In paragraph (g), remove ‘‘(with 10 * * * * * 1182 continues to read as follows: 5
copies)’’. (e) * * * U.S.C. 559; 21 U.S.C. 862; and 49 U.S.C.
(1) * * *
§ 1150.16 [Amended] 13501, 13541(a), 13902(c), and 14303.
(iii) The applicability and
■ 27. In § 1150.16, remove the reference administration of the Trails Act [16 § 1182.7 [Amended]
to ‘‘(plus three copies)’’. U.S.C. 1247(d)] in abandonment ■ 36. In § 1182.7(e)(2), remove the
proceedings under 49 U.S.C. 10903 (and words ‘‘The original and 10 copies of
PART 1152—ABANDONMENT AND
abandonment exemption proceedings), the’’ and add in their place ‘‘The’’.
DISCONTINUANCE OF RAIL LINES
issued pursuant to delegations of
AND RAIL TRANSPORTATION UNDER
authority at 49 CFR 1011.7(a)(2)(iv) and § 1182.8 [Amended]
49 U.S.C. 10903
(v), will be acted on by the entire Board ■ 37. Amend § 1182.8(b) by removing
■ 28. The authority citation for part as set forth at 49 CFR 1011.2(a)(7). Any paragraph (b) and redesignating
1152 continues to read as follows: 11 appeals, and replies to appeals, under paragraphs (c) to (f) as paragraphs (b) to
U.S.C. 1170; 16 U.S.C. 1247(d) and this section must be filed with the (e).
1248; 45 U.S.C. 744; and 49 U.S.C. 1301, Board.
1321(a), 10502, 10903–10905, and * * * * * PART 1244—WAYBILL ANALYSIS OF
11161. (4) Petitions to reopen TRANSPORTATION OF PROPERTY—
administratively final actions. A person RAILROADS
§ 1152.21 [Amended]
may file with the Board a petition to
■ 29. In § 1152.21, in the paragraph reopen any administratively final action ■ 38. The authority citation for part
beginning with, ‘‘Written comments and of the Board. A petition to reopen shall 1244 continues to read as follows:
protests, including all requests. . .’’, state in detail the respects in which the 49 U.S.C. 1321, 10707, 11144, 11145.
remove the words ‘‘The original and 10 proceeding involves material error, new § 1244.9 [Amended]
copies of all comments or protests’’ and evidence, or substantially changed
add in their place ‘‘Every comment or ■ 39. In § 1244.9:
circumstances.
protest’’. ■ a. In paragraph (d)(3):
* * * * * ■ i. In paragraph (i), insert the words
§ 1152.22 [Amended] (6) Petitions to vacate. In the event of ‘‘with the Director, Office of Economics,
■ 30. In § 1152.22(i), in the paragraph procedural defects (such as the loss of Surface Transportation Board,
beginning with, ‘‘Written comments and a properly filed protest, the failure of Washington, DC’’ at the end of the
protests, including all requests. . .’’, the applicant to afford the public the sentence;
remove the words ‘‘The original and 10 requisite notice of its proposed
■ ii. Remove paragraph (ii); and
copies of all comments or protests’’ and abandonment, etc.), the Board will
■ iii. Redesignate subparagraph (iii) as
add in their place ‘‘Every comment or entertain petitions to vacate the
subparagraph (ii).
protest’’. abandonment or discontinuance
■ b. In paragraph (e)(2), remove the
■ 31. Amend § 1152.24 by revising authorization. Any petitions to vacate
words ‘‘An original and 2 copies of the’’
paragraph (a) to read as follows: must be filed with the Board.
(7) * * * and add in their place ‘‘The’’.
§ 1152.24 Filing and service of application. (i) The filing of a petition to reopen ■ c. In paragraph (g)(3), remove the
(a) The application shall be filed with shall not stay the effect of a prior action. words ‘‘An original and three (3) copies
the Chief, Section of Administration, Any petition to stay must be filed with of the’’ and add in their place ‘‘The’’.
Office of Proceedings, Washington, DC the Board.
PART 1312—REGULATIONS FOR THE
20423–0001. The application shall bear * * * * * PUBLICATION, POSTING AND FILING
the date and signature and shall be
sradovich on DSK3GMQ082PROD with PROPOSALS

PART 1155—SOLID WASTE RAIL OF TARIFFS FOR THE
complete in itself. The applicable filing
TRANSFER FACILITIES TRANSPORTATION OF PROPERTY BY
fee must be paid by check, money order,
OR WITH A WATER CARRIER IN
or through the Board’s electronic
■ 33. The authority citation for part NONCONTIGUOUS DOMESTIC TRADE
payment system (see 49 CFR part 1002).
1155 continues to read as follows: 49
If the applicant carrier is in bankruptcy, ■ 40. The authority citation for part
U.S.C. 1321(a), 10908, 10909, 10910.
the application shall also be filed on the 1312 continues to read as follows: 49
bankruptcy court. § 1155.23 [Amended] U.S.C. 1321(a), 13702(a), 13702(b) and
* * * * * ■ 34. In § 1155.23: 13702(d).

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$42858 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules § 1312.4 [Amended] PART 1313—RAILROAD CONTRACTS ■ 44. In § 1313.10, revise paragraph ■ 41. In § 1312.4: FOR THE TRANSPORTATION OF (a)(7) and remove paragraph (a)(8)(v) to AGRICULTURAL PRODUCTS read as follows: ■ a. In paragraph (a)(1), remove ‘‘1925 K Street, NW,’’; ■ 42. The authority citation for part § 1313.10 Procedures for complaints and 1313 continues to read as follows: 49 discovery. ■ b. In paragraph (a)(2)(iii), remove the U.S.C. 1321(a) and 10709. words ‘‘enclosed, the account number to ■ 43. In § 1313.4, revise paragraphs (a) * * * be billed, or the credit card to be (a)(3)(iii) and (iv), and remove (7) Filings. If a complaint, petition, or charged;’’ and add in their place paragraph (a)(3)(v), to read as follows: reply is filed in paper, it must be filed ‘‘enclosed (pursuant to 49 CFR with the Board in a package marked 1002.2(a)); and’’; § 1313.4 Filing procedures and formats for ‘‘Confidential Rail Contract Material’’. If contract summaries. ■ c. In paragraph (a)(2)(iv), remove the a complaint, petition, or reply is (a) * * * electronically filed, it must be words ‘‘numbers; and’’ and add in their (3) * * * place ‘‘numbers.’’; and designated as confidential in the Board’s (iii) The filing fee enclosed (pursuant e-filing system. ■ d. Remove paragraph (a)(2)(v). to 49 CFR 1002.2(a)); and (iv) The transmittal number if the filer * * * * * utilizes transmittal numbers. [FR Doc. 2018–18342 Filed 8–23–18; 8:45 am] * * * * * BILLING CODE 4915–01–P sradovich on DSK3GMQ082PROD with PROPOSALS VerDate Sep<11>2014 19:08 Aug 23, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4702 Sfmt 9990 E:\FR\FM\24AUP1.SGM 24AUP1$
Document Created: 2018-08-24 04:14:17
Document Modified: 2018-08-24 04:14:17
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments are due by September 24, 2018.
Contact		Sarah Fancher, (202) 245-0355. Assistance for the hearing impaired is available through Federal Information Relay Service (FIRS) at (800) 877-8339.
FR Citation		83 FR 42852
CFR Citation		49 CFR 1002 49 CFR 1012 49 CFR 1104 49 CFR 1110 49 CFR 1111 49 CFR 1113 49 CFR 1130 49 CFR 1132 49 CFR 1150 49 CFR 1152 49 CFR 1155 49 CFR 1182 49 CFR 1244 49 CFR 1312 49 CFR 1313
CFR Associated		Administrative Practice and Procedure; Common Carriers; Freedom of Information; Sunshine Act; Investigations; Railroads; Reporting and Recordkeeping Requirements; Uniform System of Accounts; Waste Treatment and Disposal; Motor Carriers; Freight; Freight Forwarders; Maritime Carriers; Moving of Household Goods; Pipelines; Agricultural Commodities and Forests and Forest Products