Disclosure of Rail Interchange Commitments, 31033-31035 [E8-11952]
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Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / Rules and Regulations
entities. Reclassification of this device
when it is used for the topical
approximation of skin, from class III to
class II, will relieve manufacturers of
the device of the cost of complying with
the premarket approval requirements in
section 515 of the act (21 U.S.C. 360e).
Because reclassification will reduce
regulatory costs with respect to this
device, the agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities.
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 requires
that agencies prepare a written
statement, which includes an
assessment of anticipated costs and
benefits, before proposing ‘‘any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current threshold
after adjustment for inflation is $127
million, using the most current (2006)
Implicit Price Deflator for the Gross
Domestic Product. FDA does not expect
this rule to result in any 1-year
expenditure that would meet or exceed
this amount.
XII. Federalism
FDA has analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. FDA has
determined that the rule does not
contain policies that have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Accordingly, the
agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
is not required.
ebenthall on PRODPC60 with RULES
XIII. Paperwork Reduction Act of 1995
This final rule contains no collections
of information. Therefore, clearance by
the Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 is not required. Elsewhere
in this issue of the Federal Register,
FDA is issuing a notice announcing the
guidance for the final rule. This
guidance, ‘‘Class II Special Controls
Guidance Document: Tissue Adhesive
for the Topical Approximation of Skin,’’
references previously approved
collections of information found in FDA
regulations.
VerDate Aug<31>2005
13:51 May 29, 2008
Jkt 214001
31033
XIV. References
The following references have been
placed on display in the Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, rm. 1061, Rockville, MD 20852
and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday.
malformation or for use in ophthalmic
surgery, is a device used foradhesion of
internal tissues and vessels.
(2) Classification. Class III (premarket
approval). As of May 28, 1976, an
approval under section 515 of the act is
required before this device may be
commercially distributed. See § 878.3 of
this chapter.
1. Regulatory & Clinical Research Institute,
Inc. (RCRI), reclassification petition, Docket
No. 2006P–0071, Minneapolis, MN, February
9, 2006.
2. Regulatory & Clinical Research Institute,
Inc., reclassification petition, Docket No.
2006P–0071, Minneapolis, MN, May 15,
2006.
3. Regulatory & Clinical Research Institute,
Inc., reclassification petition, Docket No.
2006P–0071, Minneapolis, MN, July 18,
2006.
4. General and Plastic Surgery Devices
Panel, transcript, pp. 199 to 207, August 25,
2006.
Dated: May 21, 2008.
Daniel G. Schultz,
Center for Devices and Radiological Health.
[FR Doc. E8–12078 Filed 5–29–08; 8:45 am]
List of Subjects in 21 CFR Part 878
Medical devices.
I Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 878 is
amended as follows:
[STB Ex Parte No. 575 (Sub-No. 1)]
PART 878—GENERAL AND PLASTIC
SURGERY DEVICES
1. The authority citation for 21 CFR
part 878 continues to read as follows:
I
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 360l, 371.
2. Section 878.4010 is added to
subpart E to read as follows:
I
§ 878.4010
Tissue adhesive.
(a) Tissue adhesive for the topical
approximation of skin—(1)
Identification. A tissue adhesive for the
topical approximation of skin is a
device intended for topical closure of
surgical incisions, including
laparoscopic incisions, and simple
traumatic lacerations that have easily
approximated skin edges. Tissue
adhesives for the topical approximation
of skin may be used in conjunction
with, but not in place of, deep dermal
stitches.
(2) Classification. Class II (special
controls). The special control for this
device is FDA’s ‘‘Class II Special
Controls Guidance Document: ‘‘Tissue
Adhesive for the Topical
Approximation of Skin.’’ See § 878.1(e)
of this chapter for the availability of this
guidance document.
(b) Tissue adhesive for non-topical
use—(1) Identification. A tissue
adhesive for non-topical use, including
adhesives intended for use in the
embolization of brain arteriovenous
PO 00000
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Fmt 4700
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BILLING CODE 4160–01–S
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1114, 1121, 1150, and
1180
Disclosure of Rail Interchange
Commitments
Surface Transportation Board,
Department of Transportation.
ACTION: Final rule.
AGENCY:
SUMMARY: The Surface Transportation
Board is amending its regulations to
require that parties seeking to obtain an
individual exemption for, or to invoke
a class exemption covering, a
transaction involving the sale or lease of
a railroad line identify any provision in
their agreements that would restrict the
ability of the purchaser or tenant
railroad to interchange traffic with a rail
carrier other than the seller or landlord
railroad (interchange commitment). The
rules also provide a procedure whereby
a shipper or other affected party may
obtain access to such provisions. The
Board is adopting these regulations to
facilitate the case-specific review of
challenges involving interchange
commitments and to facilitate the
Board’s monitoring of their usage. The
final rule appears below.
DATES: Effective Date: This rule is
effective on June 29, 2008.
FOR FURTHER INFORMATION CONTACT:
Joseph H. Dettmar (202) 245–0395.
[Federal Information Relay Service
(FIRS) for the hearing impaired: 1–800–
877–8339.]
SUPPLEMENTARY INFORMATION:
Additional information and background
on the regulations appear in our written
decision in Disclosure of Rail
Interchange Commitments, STB Ex
Parte No. 575 (Sub-No. 1), which is
being served along with this notice.
Except as noted in this agency’s
decision adopting the final rules, the
E:\FR\FM\30MYR1.SGM
30MYR1
31034
Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / Rules and Regulations
comments received in response to our
prior notice give us no reason to modify
the regulations as proposed. In our
decision, we have addressed arguments
that the disclosure of interchange
commitments that we are seeking is
more extensive than necessary, or not
extensive enough, for proper
performance of our statutory functions.
No party has challenged our burden
estimates or proposed a way to further
minimize the burden on respondents
from collection of the information 1 and
still provide the required information.
Board decisions, notices, and filings
are available on our Web site at
https://www.stb.dot.gov.
Pursuant to the Paperwork Reduction
Act (PRA), 44 U.S.C. 3501 et seq., and
Office of Management and Budget
(OMB) regulations at 5 CFR 1320.11, the
Surface Transportation Board has
obtained OMB approval for the
collection of information adopted here.
This collection of information has
been assigned OMB Control No. 2140–
0016. Unless renewed, OMB approval
expires on January 31, 2011. The
display of a currently valid OMB control
number for this collection is required by
law. Under the PRA and 5 CFR 1320.8,
an agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
collection displays a currently valid
OMB control number.
Pursuant to 5 U.S.C. 605(b), we
reaffirm our finding in the Federal
Register on November 2, 2007, that our
action in this proceeding will not have
a significant impact on a substantial
number of small entities.
List of Subjects
49 CFR Part 1114
Administrative practice and
procedure.
49 CFR Parts 1121 and 1150
Administrative practice and
procedure, Railroads.
Administrative practice and
procedure, Railroads, Reporting and
recordkeeping requirements.
ebenthall on PRODPC60 with RULES
Authority: 5 U.S.C. 559; 49 U.S.C. 721.
2. Amend § 1114.30 by adding
paragraph (d) to read as follows:
I
§ 1114.30 Production of documents and
records and entry upon land for inspection
and other purposes.
*
*
*
*
*
(d) Agreements containing
interchange commitments. In any
proceeding involving the reasonableness
of provisions related to an existing rail
carrier sale or lease agreement that serve
to induce a party to the agreement to
interchange traffic with another party to
the agreement, rather than with a thirdparty connecting carrier, whether by
outright prohibition, per-car penalty,
adjustment in the purchase price or
rental, positive economic inducement,
or other means, a party to the
proceeding with a need for the
information may obtain a confidential,
complete version of the agreement, with
the prior approval of the Board. The
party seeking such approval must file an
appropriate motion containing an
explanation of the party’s need for the
information and a draft protective order
and undertaking(s) that will ensure the
agreement is kept confidential. The
motion seeking approval may be filed at
any time after the initial complaint or
petition, including before the answer to
the complaint or petition is due. A reply
to such a motion must be filed within
5 days thereafter. The motion will be
considered by the Board in an expedited
manner.
Authority: 49 U.S.C. 10502 and 10704.
4. Amend § 1121.3 by adding
paragraph (d) to read as follows:
I
the discussion pertaining to small entities in
our notice published on November 2, 2007, we
explained why the burden of collection would be
minimal. No party has disputed our explanation.
Jkt 214001
1. The authority citation for part 1114
continues to read as follows:
I
3. The authority citation for part 1121
continues to read as follows:
Decided: May 21, 2008.
13:51 May 29, 2008
PART 1114—EVIDENCE; DISCOVERY
I
Authority: 49 U.S.C. 721, 5 U.S.C. 553.
VerDate Aug<31>2005
For the reasons set forth in the
preamble, parts 1114, 1121, 1150, and
1180, of title 49, chapter X, of the Code
of Federal Regulations are amended as
follows:
I
PART 1121—RAIL EXEMPTION
PROCEDURES
49 CFR Part 1180
1 In
By the Board, Chairman Nottingham, Vice
Chairman Mulvey, and Commissioner
Buttrey.
Anne K. Quinlan,
Acting Secretary.
§ 1121.3
Content.
*
*
*
*
*
(d) Transactions imposing
interchange commitments. (1) If a
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
proposed acquisition or operation of a
rail line involves a provision or
agreement that may limit future
interchange with a third-party
connecting carrier, whether by outright
prohibition, per-car penalty, adjustment
in the purchase price or rental, positive
economic inducement, or other means
(‘‘interchange commitment’’), the
following additional information must
be provided:
(i) The existence of that provision or
agreement and identification of the
affected interchange points; and
(ii) A confidential, complete version
of the document(s) containing or
addressing that provision or agreement,
which may be filed with the Board
under 49 CFR 1104.14(a) and will be
kept confidential without need for the
filing of an accompanying motion for a
protective order under 49 CFR
1104.14(b).
(2) To obtain information about an
interchange commitment for use in a
proceeding before the Board, a shipper
or other affected party may be granted
access to the confidential documents
filed pursuant to paragraph (d)(1) of this
section by filing, and serving upon the
petitioner, a ‘‘Motion for Access to
Confidential Documents,’’ containing:
(i) An explanation of the party’s need
for the information; and
(ii) An appropriate draft protective
order and confidentiality undertaking(s)
that will ensure that the documents are
kept confidential.
(3) Deadlines.
(i) Replies to a Motion for Access are
due within 5 days after the motion is
filed.
(ii) The Board will rule on a Motion
for Access within 30 days after the
motion is filed.
(iii) Parties must produce the relevant
documents within 5 days of receipt of
a Board approved, signed
confidentiality agreement.
PART 1150—CERTIFICATE TO
CONSTRUCT, ACQUIRE, OR OPERATE
RAILROAD LINES
5. The authority citation for part 1150
continues to read as follows:
I
Authority: 49 U.S.C. 721(a), 10502, 10901,
and 10902.
6. Amend § 1150.33 by adding
paragraph (h) to read as follows:
I
§ 1150.33 Information to be contained in
notice—transactions that involve creation
of Class III carriers.
*
*
*
*
*
(h) Transactions imposing
interchange commitments. (1) If a
proposed acquisition or operation of a
rail line or change of operators involves
E:\FR\FM\30MYR1.SGM
30MYR1
Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / Rules and Regulations
a provision or agreement that may limit
future interchange with a third-party
connecting carrier, whether by outright
prohibition, per-car penalty, adjustment
in the purchase price or rental, positive
economic inducement, or other means
(‘‘interchange commitment’’), the
following additional information must
be provided:
(i) The existence of that provision or
agreement and identification of the
affected interchange points; and
(ii) A confidential, complete version
of the document(s) containing or
addressing that provision or agreement,
which may be filed with the Board
under 49 CFR 1104.14(a) and will be
kept confidential without need for the
filing of an accompanying motion for a
protective order under 49 CFR
1104.14(b).
(2) To obtain information about an
interchange commitment for use in a
proceeding before the Board, a shipper
or other affected party may be granted
access to the confidential documents
filed pursuant to paragraph (h)(1) of this
section by filing, and serving upon the
petitioner, a ‘‘Motion for Access to
Confidential Documents,’’ containing:
(i) An explanation of the party’s need
for the information; and
(ii) An appropriate draft protective
order and confidentiality undertaking(s)
that will ensure that the documents are
kept confidential.
(3) Deadlines.
(i) Replies to a Motion for Access are
due within 5 days after the motion is
filed.
(ii) The Board will rule on a Motion
for Access within 30 days after the
motion is filed.
(iii) Parties must produce the relevant
documents within 5 days of receipt of
a Board approved, signed
confidentiality agreement.
7. Amend § 1150.43 by adding
paragraph (h) to read as follows:
I
§ 1150.43 Information to be contained in
notice for small line acquisitions.
*
*
*
*
(h) Transactions imposing
interchange commitments. (1) If a
proposed acquisition or operation of a
rail line or change of operators involves
a provision or agreement that may limit
ebenthall on PRODPC60 with RULES
*
VerDate Aug<31>2005
13:51 May 29, 2008
Jkt 214001
future interchange with a third-party
connecting carrier, whether by outright
prohibition, per-car penalty, adjustment
in the purchase price or rental, positive
economic inducement, or other means
(‘‘interchange commitment’’), the
following additional information must
be provided:
(i) The existence of that provision or
agreement and identification of the
affected interchange points; and
(ii) A confidential, complete version
of the document(s) containing or
addressing that provision or agreement,
which may be filed with the Board
under 49 CFR 1104.14(a) and will be
kept confidential without need for the
filing of an accompanying motion for a
protective order under 49 CFR
1104.14(b).
(2) To obtain information about an
interchange commitment for use in a
proceeding before the Board, a shipper
or other affected party may be granted
access to the confidential documents
filed pursuant to paragraph (h)(1) of this
section by filing, and serving upon the
petitioner, a ‘‘Motion for Access to
Confidential Documents,’’ containing:
(i) An explanation of the party’s need
for the information; and
(ii) An appropriate draft protective
order and confidentiality undertaking(s)
that will ensure that the documents are
kept confidential.
(3) Deadlines.
(i) Replies to a Motion for Access are
due within 5 days after the motion is
filed.
(ii) The Board will rule on a Motion
for Access within 30 days after the
motion is filed.
(iii) Parties must produce the relevant
documents within 5 days of receipt of
a Board approved, signed
confidentiality agreement.
PART 1180—RAILROAD ACQUISITION,
CONTROL, MERGER,
CONSOLIDATION PROJECT,
TRACKAGE RIGHTS, AND LEASE
PROCEDURES
8. The authority citation for part 1180
continues to read as follows:
I
Authority: 5 U.S.C. 553 and 559; 11 U.S.C.
1172; 49 U.S.C. 721, 10502, 11323–11325.
9. Amend § 1180.4 by adding
paragraph (g)(4) to read as follows:
I
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Frm 00021
Fmt 4700
Sfmt 4700
§ 1180.4
31035
Procedures.
(g) Notice of exemption. * * *
(4) Transactions imposing
interchange commitments. (i) If a
proposed acquisition or operation of a
rail line involves a provision or
agreement that may limit future
interchange with a third-party
connecting carrier, whether by outright
prohibition, per-car penalty, adjustment
in the purchase price or rental, positive
economic inducement, or other means
(‘‘interchange commitment’’), the
following additional information must
be provided:
(A) The existence of that provision or
agreement and identification of the
affected interchange points; and
(B) A confidential, complete version
of the document(s) containing or
addressing that provision or agreement,
which may be filed with the Board
under 49 CFR 1104.14(a) and will be
kept confidential without need for the
filing of an accompanying motion for a
protective order under 49 CFR
1104.14(b).
(ii) To obtain information about an
interchange commitment for use in a
proceeding before the Board, a shipper
or other affected party may be granted
access to the confidential documents
filed pursuant to § 1180.4(g)(4)(i) of this
section by filing, and serving upon the
petitioner, a ‘‘Motion for Access to
Confidential Documents,’’ containing:
(A) An explanation of the party’s need
for the information; and
(B) An appropriate draft protective
order and confidentiality undertaking(s)
that will ensure that the documents are
kept confidential.
(iii) Deadlines.
(A) Replies to a Motion for Access are
due within 5 days after the motion is
filed.
(B) The Board will rule on a Motion
for Access within 30 days after the
motion is filed.
(C) Parties must produce the relevant
documents within 5 days of receipt of
a Board approved, signed
confidentiality agreement.
[FR Doc. E8–11952 Filed 5–29–08; 8:45 am]
BILLING CODE 4915–01–P
E:\FR\FM\30MYR1.SGM
30MYR1
]]>Agencies
[Federal Register Volume 73, Number 105 (Friday, May 30, 2008)]
[Rules and Regulations]
[Pages 31033-31035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11952]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1114, 1121, 1150, and 1180
[STB Ex Parte No. 575 (Sub-No. 1)]
Disclosure of Rail Interchange Commitments
AGENCY: Surface Transportation Board, Department of Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board is amending its regulations
to require that parties seeking to obtain an individual exemption for,
or to invoke a class exemption covering, a transaction involving the
sale or lease of a railroad line identify any provision in their
agreements that would restrict the ability of the purchaser or tenant
railroad to interchange traffic with a rail carrier other than the
seller or landlord railroad (interchange commitment). The rules also
provide a procedure whereby a shipper or other affected party may
obtain access to such provisions. The Board is adopting these
regulations to facilitate the case-specific review of challenges
involving interchange commitments and to facilitate the Board's
monitoring of their usage. The final rule appears below.
DATES: Effective Date: This rule is effective on June 29, 2008.
FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar (202) 245-0395.
[Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.]
SUPPLEMENTARY INFORMATION: Additional information and background on the
regulations appear in our written decision in Disclosure of Rail
Interchange Commitments, STB Ex Parte No. 575 (Sub-No. 1), which is
being served along with this notice.
Except as noted in this agency's decision adopting the final rules,
the
[[Page 31034]]
comments received in response to our prior notice give us no reason to
modify the regulations as proposed. In our decision, we have addressed
arguments that the disclosure of interchange commitments that we are
seeking is more extensive than necessary, or not extensive enough, for
proper performance of our statutory functions. No party has challenged
our burden estimates or proposed a way to further minimize the burden
on respondents from collection of the information \1\ and still provide
the required information.
---------------------------------------------------------------------------
\1\ In the discussion pertaining to small entities in our notice
published on November 2, 2007, we explained why the burden of
collection would be minimal. No party has disputed our explanation.
---------------------------------------------------------------------------
Board decisions, notices, and filings are available on our Web site
at https://www.stb.dot.gov.
Pursuant to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., and Office of Management and Budget (OMB) regulations at 5 CFR
1320.11, the Surface Transportation Board has obtained OMB approval for
the collection of information adopted here.
This collection of information has been assigned OMB Control No.
2140-0016. Unless renewed, OMB approval expires on January 31, 2011.
The display of a currently valid OMB control number for this collection
is required by law. Under the PRA and 5 CFR 1320.8, an agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection displays a currently
valid OMB control number.
Pursuant to 5 U.S.C. 605(b), we reaffirm our finding in the Federal
Register on November 2, 2007, that our action in this proceeding will
not have a significant impact on a substantial number of small
entities.
List of Subjects
49 CFR Part 1114
Administrative practice and procedure.
49 CFR Parts 1121 and 1150
Administrative practice and procedure, Railroads.
49 CFR Part 1180
Administrative practice and procedure, Railroads, Reporting and
recordkeeping requirements.
Authority: 49 U.S.C. 721, 5 U.S.C. 553.
Decided: May 21, 2008.
By the Board, Chairman Nottingham, Vice Chairman Mulvey, and
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
0
For the reasons set forth in the preamble, parts 1114, 1121, 1150, and
1180, of title 49, chapter X, of the Code of Federal Regulations are
amended as follows:
PART 1114--EVIDENCE; DISCOVERY
0
1. The authority citation for part 1114 continues to read as follows:
Authority: 5 U.S.C. 559; 49 U.S.C. 721.
0
2. Amend Sec. 1114.30 by adding paragraph (d) to read as follows:
Sec. 1114.30 Production of documents and records and entry upon land
for inspection and other purposes.
* * * * *
(d) Agreements containing interchange commitments. In any
proceeding involving the reasonableness of provisions related to an
existing rail carrier sale or lease agreement that serve to induce a
party to the agreement to interchange traffic with another party to the
agreement, rather than with a third-party connecting carrier, whether
by outright prohibition, per-car penalty, adjustment in the purchase
price or rental, positive economic inducement, or other means, a party
to the proceeding with a need for the information may obtain a
confidential, complete version of the agreement, with the prior
approval of the Board. The party seeking such approval must file an
appropriate motion containing an explanation of the party's need for
the information and a draft protective order and undertaking(s) that
will ensure the agreement is kept confidential. The motion seeking
approval may be filed at any time after the initial complaint or
petition, including before the answer to the complaint or petition is
due. A reply to such a motion must be filed within 5 days thereafter.
The motion will be considered by the Board in an expedited manner.
PART 1121--RAIL EXEMPTION PROCEDURES
0
3. The authority citation for part 1121 continues to read as follows:
Authority: 49 U.S.C. 10502 and 10704.
0
4. Amend Sec. 1121.3 by adding paragraph (d) to read as follows:
Sec. 1121.3 Content.
* * * * *
(d) Transactions imposing interchange commitments. (1) If a
proposed acquisition or operation of a rail line involves a provision
or agreement that may limit future interchange with a third-party
connecting carrier, whether by outright prohibition, per-car penalty,
adjustment in the purchase price or rental, positive economic
inducement, or other means (``interchange commitment''), the following
additional information must be provided:
(i) The existence of that provision or agreement and identification
of the affected interchange points; and
(ii) A confidential, complete version of the document(s) containing
or addressing that provision or agreement, which may be filed with the
Board under 49 CFR 1104.14(a) and will be kept confidential without
need for the filing of an accompanying motion for a protective order
under 49 CFR 1104.14(b).
(2) To obtain information about an interchange commitment for use
in a proceeding before the Board, a shipper or other affected party may
be granted access to the confidential documents filed pursuant to
paragraph (d)(1) of this section by filing, and serving upon the
petitioner, a ``Motion for Access to Confidential Documents,''
containing:
(i) An explanation of the party's need for the information; and
(ii) An appropriate draft protective order and confidentiality
undertaking(s) that will ensure that the documents are kept
confidential.
(3) Deadlines.
(i) Replies to a Motion for Access are due within 5 days after the
motion is filed.
(ii) The Board will rule on a Motion for Access within 30 days
after the motion is filed.
(iii) Parties must produce the relevant documents within 5 days of
receipt of a Board approved, signed confidentiality agreement.
PART 1150--CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD
LINES
0
5. The authority citation for part 1150 continues to read as follows:
Authority: 49 U.S.C. 721(a), 10502, 10901, and 10902.
0
6. Amend Sec. 1150.33 by adding paragraph (h) to read as follows:
Sec. 1150.33 Information to be contained in notice--transactions that
involve creation of Class III carriers.
* * * * *
(h) Transactions imposing interchange commitments. (1) If a
proposed acquisition or operation of a rail line or change of operators
involves
[[Page 31035]]
a provision or agreement that may limit future interchange with a
third-party connecting carrier, whether by outright prohibition, per-
car penalty, adjustment in the purchase price or rental, positive
economic inducement, or other means (``interchange commitment''), the
following additional information must be provided:
(i) The existence of that provision or agreement and identification
of the affected interchange points; and
(ii) A confidential, complete version of the document(s) containing
or addressing that provision or agreement, which may be filed with the
Board under 49 CFR 1104.14(a) and will be kept confidential without
need for the filing of an accompanying motion for a protective order
under 49 CFR 1104.14(b).
(2) To obtain information about an interchange commitment for use
in a proceeding before the Board, a shipper or other affected party may
be granted access to the confidential documents filed pursuant to
paragraph (h)(1) of this section by filing, and serving upon the
petitioner, a ``Motion for Access to Confidential Documents,''
containing:
(i) An explanation of the party's need for the information; and
(ii) An appropriate draft protective order and confidentiality
undertaking(s) that will ensure that the documents are kept
confidential.
(3) Deadlines.
(i) Replies to a Motion for Access are due within 5 days after the
motion is filed.
(ii) The Board will rule on a Motion for Access within 30 days
after the motion is filed.
(iii) Parties must produce the relevant documents within 5 days of
receipt of a Board approved, signed confidentiality agreement.
0
7. Amend Sec. 1150.43 by adding paragraph (h) to read as follows:
Sec. 1150.43 Information to be contained in notice for small line
acquisitions.
* * * * *
(h) Transactions imposing interchange commitments. (1) If a
proposed acquisition or operation of a rail line or change of operators
involves a provision or agreement that may limit future interchange
with a third-party connecting carrier, whether by outright prohibition,
per-car penalty, adjustment in the purchase price or rental, positive
economic inducement, or other means (``interchange commitment''), the
following additional information must be provided:
(i) The existence of that provision or agreement and identification
of the affected interchange points; and
(ii) A confidential, complete version of the document(s) containing
or addressing that provision or agreement, which may be filed with the
Board under 49 CFR 1104.14(a) and will be kept confidential without
need for the filing of an accompanying motion for a protective order
under 49 CFR 1104.14(b).
(2) To obtain information about an interchange commitment for use
in a proceeding before the Board, a shipper or other affected party may
be granted access to the confidential documents filed pursuant to
paragraph (h)(1) of this section by filing, and serving upon the
petitioner, a ``Motion for Access to Confidential Documents,''
containing:
(i) An explanation of the party's need for the information; and
(ii) An appropriate draft protective order and confidentiality
undertaking(s) that will ensure that the documents are kept
confidential.
(3) Deadlines.
(i) Replies to a Motion for Access are due within 5 days after the
motion is filed.
(ii) The Board will rule on a Motion for Access within 30 days
after the motion is filed.
(iii) Parties must produce the relevant documents within 5 days of
receipt of a Board approved, signed confidentiality agreement.
PART 1180--RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION
PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES
0
8. 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.
0
9. Amend Sec. 1180.4 by adding paragraph (g)(4) to read as follows:
Sec. 1180.4 Procedures.
(g) Notice of exemption. * * *
(4) Transactions imposing interchange commitments. (i) If a
proposed acquisition or operation of a rail line involves a provision
or agreement that may limit future interchange with a third-party
connecting carrier, whether by outright prohibition, per-car penalty,
adjustment in the purchase price or rental, positive economic
inducement, or other means (``interchange commitment''), the following
additional information must be provided:
(A) The existence of that provision or agreement and identification
of the affected interchange points; and
(B) A confidential, complete version of the document(s) containing
or addressing that provision or agreement, which may be filed with the
Board under 49 CFR 1104.14(a) and will be kept confidential without
need for the filing of an accompanying motion for a protective order
under 49 CFR 1104.14(b).
(ii) To obtain information about an interchange commitment for use
in a proceeding before the Board, a shipper or other affected party may
be granted access to the confidential documents filed pursuant to Sec.
1180.4(g)(4)(i) of this section by filing, and serving upon the
petitioner, a ``Motion for Access to Confidential Documents,''
containing:
(A) An explanation of the party's need for the information; and
(B) An appropriate draft protective order and confidentiality
undertaking(s) that will ensure that the documents are kept
confidential.
(iii) Deadlines.
(A) Replies to a Motion for Access are due within 5 days after the
motion is filed.
(B) The Board will rule on a Motion for Access within 30 days after
the motion is filed.
(C) Parties must produce the relevant documents within 5 days of
receipt of a Board approved, signed confidentiality agreement.
[FR Doc. E8-11952 Filed 5-29-08; 8:45 am]
BILLING CODE 4915-01-P
