Removal of Delegations of Authority to Secretary, 30711-30714 [2010-13130]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Rules and Regulations]
[Pages 30711-30714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13130]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1002, 1011, 1152, and 1180

[STB Ex Parte No. 685]


Removal of Delegations of Authority to Secretary

AGENCY: Surface Transportation Board, DOT.

ACTION: Correcting amendments.

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SUMMARY: The Surface Transportation Board (Board or STB) published 
final rules in this proceeding on October 15, 2009, in the Federal 
Register. The rule amended STB regulations by eliminating the Secretary 
of the Board and reassigning the delegations of authority from the 
Secretary to other Offices of the Board. As published, the final 
regulations contained errors where information was inadvertently added, 
deleted, or duplicated. This document sets forth corrections to the 
final regulations to eliminate confusion in interpretation of the 
regulations.

DATES: Effective on June 2, 2010.

FOR FURTHER INFORMATION CONTACT: Cynthia T. Brown at (202) 245-0350. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: The regulations at 49 CFR 1002.1, 1011.7, 
1152.21, 1152.27, and 1180.4, include erroneous sections that should be 
replaced with the amendments set forth in this document. The Surface 
Transportation Board (Board or STB) published final rules in this 
proceeding on October 15, 2009, in the Federal Register, at 74 FR 
52900.

List of Subjects

49 CFR Part 1002

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

49 CFR Part 1011

    Administrative practice and procedure, Authority delegations 
(Government agencies), and Organization and functions (Government 
agencies).

49 CFR Part 1152

    Administrative practice and procedure, Railroads, Reporting and 
recordkeeping requirements, and Uniform system of accounts.

49 CFR Part 1180

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

    Dated: May 26, 2010.
Andrea Pope-Matheson,
Clearance Clerk.

0
Accordingly, 49 CFR parts 1002, 1011, 1152, and 1180 are corrected by 
making the following correcting amendments:

PART 1002--FEES

0
1. The authority citation for part 1002 continues to read as follows:

    Authority:  5 U.S.C. 552(a)(4)(A) and 553; 31 U.S.C. 9701; and 
49 U.S.C. 721. Section 1002.1(g)(11) also issued under 5 U.S.C. 5514 
and 31 U.S.C. 3717.


0
2. Revise Sec.  1002.1(f)(1) to read as follows:


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

* * * * *
    (f) The fee for search and copying services requiring computer 
processing are as follows:
    (1) A fee of $70.00 per hour for professional staff time will be 
charged when it is required to fulfill a request for computer data.
* * * * *

PART 1011--BOARD ORGANIZATION; DELEGATIONS OF AUTHORITY

0
3. The authority citation for part 1011 continues to read as follows:

    Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 49 U.S.C. 701, 721, 
11123, 11124, 11144, 14122, and 15722.


0
4. Revise Sec.  1011.7 to read as follows:


Sec.  1011.7  Delegations of authority by the Board to specific offices 
of the Board.

    (a) Office of Proceedings. (1) The Director of the Office of 
Proceedings is delegated the following authority:
    (i) Whether (in consultation with involved Offices) to waive filing 
fees set forth at 49 CFR 1002.2(f).
    (ii) To issue, on written request, informal opinions and 
interpretations (exclusive of informal opinions and interpretations on 
carrier tariff provisions), which are not binding on the Board. In 
issuing informal opinions or interpretations, the Director of the 
Office of Proceedings shall consult with the Directors of the 
appropriate Board offices. Such requests must be directed to the 
Director of the Office of Proceedings, Surface Transportation Board, 
Washington, DC 20423-0001. Authority to issue informal opinions and 
interpretations on carrier tariff provisions is delegated at paragraph 
(b)(2) of this section to the Office of Public Assistance, Governmental 
Affairs, and Compliance.
    (2) In addition to the authority delegated at 49 CFR 1011.6(c)(3), 
(d), (g), and (h), the Director of the Office of Proceedings shall have 
authority initially to determine the following:
    (i) Whether to designate abandonment proceedings for oral hearings 
on request.
    (ii) Whether offers of financial assistance satisfy the statutory 
standards of 49 U.S.C. 10904(d) for purposes of negotiations or, in 
exemption proceedings, for purposes of partial revocation and 
negotiations.
    (iii) Whether:
    (A) To impose, modify, or remove environmental or historic 
preservation conditions; and
    (B) In abandonment proceedings, to impose public use conditions 
under 49 U.S.C. 10905 and the implementing regulations at 49 CFR 
1152.28.
    (iv) In abandonment proceedings, when a request for interim trail 
use/rail banking is filed under 49 CFR 1152.29, to determine whether 
the National Trails System Act, 16 U.S.C. 1247(d), is applicable and, 
where appropriate, to issue Certificates of Interim Trail Use or 
Abandonment (in application proceedings) or Notices of Interim Trail 
Use or Abandonment (in exemption proceedings).
    (v) In any abandonment proceeding where interim trail use/rail 
banking is an issue, to make such findings and issue decisions as may 
be necessary for the orderly administration of the National Trails 
System Act, 16 U.S.C. 1247(d).
    (vi) Whether to institute requested declaratory order proceedings 
under 5 U.S.C. 554(e).

[[Page 30712]]

    (vii) To issue decisions, after 60 days' notice by any person 
discontinuing a subsidy established under 49 U.S.C. 10904 and at the 
railroad's request:
    (A) In application proceedings, immediately issuing decisions 
authorizing abandonment or discontinuance; and
    (B) In exemption proceedings, immediately vacating the decision 
that postponed the effective date of the exemption.
    (viii) In proceedings under the Feeder Railroad Development Program 
under 49 U.S.C. 10907 and the implementing regulations at 49 CFR part 
1151:
    (A) Whether to accept or reject primary applications under 49 CFR 
1151.2(b); competing applications under section 1151.2(c); and 
incomplete applications under 49 CFR 1151.2(d).
    (B) Whether to grant waivers from specific provisions of 49 CFR 
part 1151.
    (ix) In exemption proceedings subject to environmental or historic 
preservation reporting requirements, to issue a decision, under 49 CFR 
1105.10(g), making a finding of no significant impact where no 
environmental or historic preservation issues have been raised by any 
party or identified by the Board's Section of Environmental Analysis.
    (x) Whether to issue notices of exemption under 49 U.S.C. 10502:
    (A) For acquisition, lease, and operation transactions under 49 
U.S.C. 10901 and 10902 and the implementing regulations at 49 CFR part 
1150, subparts D and E;
    (B) For connecting track constructions under 49 U.S.C. 10901 and 
the implementing regulations at 49 CFR 1150.36;
    (C) For rail transactions under 49 U.S.C. 11323 and the 
implementing regulations at 49 CFR 1180.2(d); and
    (D) For abandonments and discontinuances under 49 U.S.C. 10903 and 
the implementing regulations at 49 CFR 1152.50.
    (xi) When an application or a petition for exemption for 
abandonment is filed, the Director will issue a notice of that filing 
pursuant to 49 CFR 1152.24(e)(2) and 49 CFR 1152.60, respectively.
    (xii) Whether to issue a notice of exemption under 49 U.S.C. 13541 
for a transaction under 49 U.S.C. 14303 within a motor passenger 
carrier corporate family that does not result in adverse changes in 
service levels, significant operational changes, or a change in the 
competitive balance with motor passenger carriers outside the corporate 
family.
    (xiii) Whether to issue rail modified certificates of public 
convenience and necessity under 49 CFR part 1150, subpart C.
    (xiv) Whether to waive the regulations at 49 CFR part 1152, subpart 
C, on appropriate petition.
    (xv) To reject applications, petitions for exemption, and verified 
notices (filed in class exemption proceedings) for noncompliance with 
the environmental rules at 49 CFR part 1105.
    (xvi) To reject applications by BNSF Railway Company to abandon 
rail lines in North Dakota exceeding the 350-mile cap of section 402 of 
Public Law 97-102, 95 Stat. 1465 (1981), as amended by The Department 
of Transportation and Related Agencies Appropriations Act, 1992, Public 
Law 102-143, section 343 (Oct. 28, 1991).
    (b) Office of Public Assistance, Governmental Affairs, and 
Compliance. The Office of Public Assistance, Governmental Affairs, and 
Compliance is delegated the authority to:
    (1) Reject tariffs and railroad transportation contract summaries 
filed with the Board that violate applicable statutes, rules, or 
regulations. Any rejection of a tariff or contract summary may be by 
letter signed by or for the Director, Office of Public Assistance, 
Governmental Affairs, and Compliance.
    (2) Issue, on written request, informal opinions and 
interpretations on carrier tariff provisions, which are not binding on 
the Board.
    (3) Grant or withhold special tariff authority granting relief from 
the provisions of 49 CFR part 1312. Any grant or withholding of such 
relief may be by letter signed by or for the Director, Office of Public 
Assistance, Governmental Affairs, and Compliance.
    (4) Resolve any disputes that may arise concerning the 
applicability of motor common carrier rates under 49 U.S.C. 
13710(a)(2).
    (5) Issue orders by the Director in an emergency under 49 U.S.C. 
11123 and 11124 if no Board Member is reasonably available.

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

0
5. The authority citation for part 1152 continues to read as follows:

    Authority:  11 U.S.C. 1170; 16 U.S.C. 1247(d) and 1248; 45 
U.S.C. 744; and 49 U.S.C. 701 note (1995) (section 204 of the ICC 
Termination Act of 1995), 721(a), 10502, 10903-10905, and 11161.


0
6. Revise Sec.  1152.21 to read as follows:


Sec.  1152.21  Form of notice.

    The Notice of Intent to abandon or to discontinue service shall be 
in the following form:

STB No. AB ------(Sub-No. ------)

Notice of Intent To Abandon or To Discontinue Service

    (Name of Applicant) gives notice that on or about (insert date 
application will be filed with the Board) it intends to file with 
the Surface Transportation Board, Washington, DC 20423, an 
application for permission for the abandonment of (the 
discontinuance of service on), a line of railroad known as ------ 
extending from railroad milepost near (station name) to (the end of 
line or rail milepost) near (station name), which traverses through 
United States Postal Service ZIP Codes (ZIP Codes), a distance of --
---- miles, in [County(ies), State(s)]. The line includes the 
stations of (list all stations on the line in order of milepost 
number, indicating milepost location). The reason(s) for the 
proposed abandonment (or discontinuance) is (are) ------ (explain 
briefly and clearly why the proposed action is being undertaken by 
the applicant). Based on information in our possession, the line 
(does) (does not) contain federally granted rights-of-way. Any 
documentation in the railroad's possession will be made available 
promptly to those requesting it. This line of railroad has appeared 
on the system diagram map or included in the narrative in category 1 
since (insert date).
    The interest of railroad employees will be protected by (specify 
the appropriate conditions). The application will include the 
applicant's entire case for abandonment (or discontinuance) (case in 
chief). Any interested person, after the application is filed on 
(insert date), may file with the Surface Transportation Board 
written comments concerning the proposed abandonment (or 
discontinuance) or protests to it. These filings are due 45 days 
from the date of filing of the application. All interested persons 
should be aware that following any abandonment of rail service and 
salvage of the line, the line may be suitable for other public use, 
including interim trail use. Any request for a public use condition 
under 49 U.S.C. 10905 (Sec.  1152.28 of the Board's rules) and any 
request for a trail use condition under 16 U.S.C. 1247(d) (Sec.  
1152.29 of the Board's rules) must also be filed within 45 days from 
the date of filing of the application. Persons who may oppose the 
abandonment or discontinuance but who do not wish to participate 
fully in the process by appearing at any oral hearings or by 
submitting verified statements of witnesses, containing detailed 
evidence, should file comments. Persons interested only in seeking 
public use or trail use conditions should also file comments. 
Persons opposing the proposed abandonment or discontinuance that do 
wish to participate actively and fully in the process should file a 
protest. Protests must contain that party's entire case in 
opposition (case in chief) including the following:
    (1) Protestant's name, address and business.

[[Page 30713]]

    (2) A statement describing protestant's interest in the 
proceeding including:
    (i) A description of protestant's use of the line;
    (ii) If protestant does not use the line, information concerning 
the group or public interest it represents; and
    (iii) If protestant's interest is limited to the retention of 
service over a portion of the line, a description of the portion of 
the line subject to protestant's interest (with milepost 
designations if available) and evidence showing that the applicant 
can operate the portion of the line profitably, including an 
appropriate return on its investment for those operations.
    (3) Specific reasons why protestant opposes the application 
including information regarding protestant's reliance on the 
involved service [this information must be supported by affidavits 
of persons with personal knowledge of the fact(s)].
    (4) Any rebuttal of material submitted by applicant.
    In addition, a commenting party or protestant may provide a 
statement of position and evidence regarding:
    (i) Intent to offer financial assistance pursuant to 49 U.S.C. 
10904;
    (ii) Environmental impact;
    (iii) Impact on rural and community development;
    (iv) Recommended provisions for protection of the interests of 
employees;
    (v) Suitability of the properties for other public purposes 
pursuant to 49 U.S.C. 10905; and
    (vi) Prospective use of the right-of-way for interim trail use 
and rail banking under 16 U.S.C. 1247(d) and Sec.  1152.29.
    A protest may demonstrate that: (1) the protestant filed a 
feeder line application under 49 U.S.C. 10907; (2) the feeder line 
application involves any portion of the rail line involved in the 
abandonment or discontinuance application; (3) the feeder line 
application was filed prior to the date the abandonment or 
discontinuance application was filed; and (4) the feeder line 
application is pending before the Board.
    Written comments and protests will be considered by the Board in 
determining what disposition to make of the application. The 
commenting party or protestant may participate in the proceeding as 
its interests may appear.
    If an oral hearing is desired, the requester must make a request 
for an oral hearing and provide reasons why an oral hearing is 
necessary. Oral hearing requests must be filed with the Board no 
later than 10 days after the application is filed.
    Those parties filing protests to the proposed abandonment (or 
discontinuance) should be prepared to participate actively either in 
an oral hearing or through the submission of their entire opposition 
case in the form of verified statements and arguments at the time 
they file a protest. Parties seeking information concerning the 
filing of protests should refer to Sec.  1152.25.
    Written comments and protests, including all requests for public 
use and trail use conditions, should indicate the proceeding 
designation STB No. AB ------ (Sub-No. ------) and must be filed 
with the Chief, Section of Administration, Office of Proceedings, 
Surface Transportation Board, Washington, DC 20423-0001, no later 
than (insert the date 45 days after the date applicant intends to 
file its application). Interested persons may file a written comment 
or protest with the Board to become a party to this abandonment (or 
discontinuance) proceeding. A copy of each written comment or 
protest shall be served upon the representative of the applicant 
(insert name, address, and phone number). The original and 10 copies 
of all comments or protests shall be filed with the Board with a 
certificate of service. Except as otherwise set forth in part 1152, 
each document filed with the Board must be served on all parties to 
the abandonment proceeding. 49 CFR 1104.12(a).
    The line sought to be abandoned (or discontinued) will be 
available for subsidy or sale for continued rail use, if the Board 
decides to permit the abandonment (or discontinuance), in accordance 
with applicable laws and regulations (49 U.S.C. 10904 and 49 CFR 
1152.27). No subsidy arrangement approved under 49 U.S.C. 10904 
shall remain in effect for more than 1 year unless otherwise 
mutually agreed by the parties (49 U.S.C. 10904(f)(4)(B)). Applicant 
will promptly provide upon request to each interested party an 
estimate of the subsidy and minimum purchase price required to keep 
the line in operation. The carrier's representative to whom 
inquiries may be made concerning sale or subsidy terms is (insert 
name and business address). Persons seeking further information 
concerning abandonment procedures may contact the Surface 
Transportation Board or refer to the full abandonment or 
discontinuance regulations at 49 CFR part 1152. Questions concerning 
environmental issues may be directed to the Board's Section of 
Environmental Analysis.
    A copy of the application will be available for public 
inspection on or after (insert date abandonment application is to be 
filed with Board) at each agency station or terminal on the line 
proposed to be abandoned or discontinued [if there is no agency 
station on the line, the application shall be deposited at any 
agency station through which business for the line is received or 
forwarded (insert name, address, location, and business hours)]. The 
carrier shall furnish a copy of the application to any interested 
person proposing to file a protest or comment, upon request.
    An environmental assessment (EA) (or environmental impact 
statement (EIS), if necessary) prepared by the Section of 
Environmental Analysis will be served upon all parties of record and 
upon any agencies or other persons who commented during its 
preparation. Any other persons who would like to obtain a copy of 
the EA (or EIS) may contact the Section of Environmental Analysis. 
EAs in these abandonment proceedings normally will be made available 
within 33 days of the filing of the application. The deadline for 
submission of comments on the EA will generally be within 30 days of 
its service. The comments received will be addressed in the Board's 
decision. A supplemental EA or EIS may be issued where appropriate.


0
7. Amend Sec.  1152.27 by adding paragraphs (c)(2)(ii)(A), (B), (C), 
and (D) to read as follows:


Sec.  1152.27  Financial assistance procedures.

* * * * *
    (c) * * *
    (2) * * *
    (ii) * * *
    (A) An offer may be filed and served at any time after the filing 
of the notice of exemption. Once a notice of exemption is published in 
the Federal Register, however, the Board must be notified that an offer 
has previously been submitted.
    (B) An offer, or notification of a previously filed offer, must be 
filed and served no later than 30 days after the Federal Register 
publication described in paragraph (b)(2)(ii) of this section. This 
filing and service is subject to the requirements of 49 CFR 
1152.25(d)(1), (d)(2), and (d)(4).
    (C) If, after a bona fide request, applicant has failed to provide 
a potential offeror promptly with the information required under 
paragraph (a) of this section and if that information is not contained 
in the notice of exemption, the Board will entertain petitions to toll 
the 30-day period for submitting offers of financial assistance under 
paragraph (c)(2) of this section. Petitions must be filed with the 
Board within 25 days after publication in the Federal Register (as 
described in paragraph (b)(2)(ii) of this section). Petitions should 
include copies of the prior written request for information or an 
accurate outline of the specific information that was orally requested. 
Replies to these petitions must be filed within 30 days after 
publication. These petitions and replies must be filed on or before 
their actual due date under 49 CFR 1152.25(d)(4). The Board will issue 
a decision on petitions to toll the offer period within 35 days after 
publication.
    (D) Upon receipt of a formal expression of intent to file an offer 
under paragraph (c)(2)(i) of this section, the rail carrier applicant 
may advise the Board and the potential offeror that additional time is 
needed to develop the information required under paragraph (a) of this 
section. Applicant shall expressly indicate the amount of time it 
considers necessary (not to exceed 60 days) to develop and submit the 
required information to the potential offeror. For the duration of the 
time period so indicated by the applicant, the 30-day period for 
submitting offers of financial assistance under paragraph (c)(2) of 
this section shall be tolled without formal Board action.
* * * * *


[[Page 30714]]



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. Revise Sec.  1180.4(g)(2)(i) and (g)(2)(ii) to read as follows:


Sec.  1180.4  Procedures.

* * * * *
    (g) * * *
* * * * *
    (2)(i) To qualify for an exemption under Sec.  1180.2(d)(7) 
(acquisition or renewal of trackage rights agreements), in addition to 
the notice, the railroad must file a caption summary suitable for 
publication in the Federal Register. The caption summary must be in the 
following form:

Surface Transportation Board

Notice of Exemption

Finance Docket No.

(1)--Trackage Rights--(2)

    (2) (3) to grant (4) trackage rights to (1) between (5). The 
trackage rights will be effective on (6).
    This notice is filed under Sec.  1180.2(d)(7). Petitions to 
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any 
time. The filing of a petition to revoke will not stay the 
transaction.
    Dated:
    By the Board.
    [Insert name],
    Director, Office of Proceedings.
    The following key identifies the information symbolized in the 
summary.
    (1) Name of the tenant railroad.
    (2) Name of the landlord railroad.
    (3) If an agreement has been entered use ``has agreed'', but if 
an agreement has been reached but not entered use ``will agree.''
    (4) Indicate whether ``overhead'' or ``local'' trackage rights 
are involved.
    (5) Describe the trackage rights.
    (6) State the date the trackage rights agreement is proposed to 
be consummated.

    (ii) To qualify for an exemption under Sec.  1180.2(d)(8) 
(acquisition of temporary trackage rights), in addition to the notice, 
the railroad must file a caption summary suitable for publication in 
the Federal Register. The caption summary must be in the following 
form:

Surface Transportation Board

Notice of Exemption

STB Finance Docket No.

(1)--Temporary Trackage Rights--(2)

    (2) (3) to grant overhead temporary trackage rights to (1) 
between (4). The temporary trackage rights will be effective on (5). 
The authorization will expire on (6).
    This notice is filed under Sec.  1180.2(d)(8). Petitions to 
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any 
time. The filing of a petition to revoke will not stay the 
transaction.
    Dated:
    By the Board.
    [Insert name]
    Director, Office of Proceedings.
    The following key identifies the information symbolized in the 
summary.
    (1) Name of the tenant railroad.
    (2) Name of the landlord railroad.
    (3) If an agreement has been entered use ``has agreed,'' but if 
an agreement has been reached but not entered use ``will agree.''
    (4) Describe the temporary trackage rights.
    (5) State the date the temporary trackage rights agreement is 
proposed to be consummated.
    (6) State the date the authorization will expire (not to exceed 
1 year from the date the trackage rights will become effective).

[FR Doc. 2010-13130 Filed 6-1-10; 8:45 am]
BILLING CODE 4915-01-P