Improving Regulation and Regulatory Review, 8848-8857 [2016-03298]

Agencies

• Surface Transportation Board

[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Rules and Regulations]
[Pages 8848-8857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03298]


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SURFACE TRANSPORTATION BOARD

49 CFR Parts 1001, 1002, 1005, 1007, 1011, 1012, 1013, 1014, 1016, 
1017, 1018, 1019, 1021, 1034, 1035, 1039, 1090, 1101, 1102, 1103, 
1104, 1105, 1110, 1111, 1113, 1114, 1115, 1118, 1139, 1144, 1146, 
1150, 1151, 1152, 1180, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 
1248, and 1253

[Docket No. EP 712]


Improving Regulation and Regulatory Review

AGENCY: Surface Transportation Board.

ACTION: Final rules.

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SUMMARY: The Surface Transportation Board (Board) is revising, 
correcting, and updating its regulations. These modifications include 
replacing obsolete statutory references, updating office and address 
references, and correcting spelling, grammatical, terminology, 
explanatory, and typographical errors. The Board is also making changes 
to certain authority citations and to certain regulations related to 
reporting requirements.

DATES: Effective March 25, 2016.

[[Page 8849]]


FOR FURTHER INFORMATION CONTACT: Allison Davis: (202) 245-0378. Federal 
Information Relay Service (FIRS) for the hearing impaired: (800) 877-
8339.

SUPPLEMENTARY INFORMATION: In accordance with Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' and Executive Order 
13579, ``Regulation and Independent Regulatory Agencies,'' the Board 
began this proceeding on October 12, 2011, to review its existing 
regulations and sought public comments on whether any of its 
regulations may be outmoded, ineffective, insufficient, or excessively 
burdensome, and how to modify, streamline, expand, or repeal them, as 
appropriate. See Exec. Order No. 13563, 76 FR 3821 (Jan. 21, 2011); 
Exec. Order No. 13579, 76 FR 41587 (Jul. 14, 2011). In this decision, 
we are revising, correcting, and updating our regulations in 49 CFR 
Chapter X, pursuant to the comments received and the Board's own 
internal review of its regulations.
    The changes made by this decision generally fall into the following 
categories: Eliminating or changing obsolete agency/office titles 
(e.g., 49 CFR 1007.6(a)(8)); making spelling, grammatical, terminology, 
explanatory, and typographical changes (e.g., 49 CFR 1016.105(a)); 
correcting references to United States Code or Code of Federal 
Regulations sections that have been moved or are otherwise incorrect 
(e.g., 49 CFR 1013.2(d), 49 CFR 1018.6(a)); \1\ and amending rules of 
agency organization, procedure, or practice (e.g., 49 CFR 1011.7(a), 49 
CFR 1111.1(a)). Additionally, this decision makes certain 
nonsubstantive updates related to the Board's reporting requirements, 
including adding the option of electronic submissions and eliminating 
language requiring the filing of duplicate copies (e.g., 49 CFR 
1243.1), and updating form titles (e.g., 49 CFR 1245.2).\2\
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    \1\ We recognize that the recently enacted Surface 
Transportation Board Reauthorization Act of 2015, Pub. L. 114-110, 
recodifies provisions of title 49, United States Code. To the extent 
those provisions are referenced in our regulations, the Board will 
address those and other changes to the Code of Federal Regulations 
stemming from that Act at a later date.
    \2\ These changes were proposed in Accelerating Reporting 
Requirements for Class I Railroads, EP 701 (STB served July 8, 
2015).
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    Because these changes either remove obsolete regulations, make 
revisions that are not substantive, or update rules to reflect current 
agency practice, we find good cause to dispense with notice and comment 
under the Administrative Procedure Act (APA). 5 U.S.C. 553(b)(3)(A) and 
(B). These changes are not intended to be a comprehensive response to 
the comments received in this docket; the Board will continue to 
evaluate those comments and review its regulations, and may promulgate 
additional revisions at a later date.
    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612, 
generally requires an agency to prepare a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Because the Board has determined that notice and comment are not 
required under the APA for this rulemaking, the requirements of the RFA 
do not apply.
    These final rules do not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995, 
44 U.S.C. 3501-3549.
    It is ordered:
    1. The rule modifications set forth below are adopted as final 
rules.
    2. This decision is effective March 25, 2016.

List of Subjects

49 CFR Part 1001

    Administrative practice and procedure, Confidential business 
information, Freedom of information.

49 CFR Part 1002

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

49 CFR Part 1005

    Claims, Freight, Investigations, Maritime carriers, Motor carriers, 
Railroads.

49 CFR Part 1007

    Privacy.

49 CFR Part 1011

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

49 CFR Part 1012

    Sunshine Act.

49 CFR Part 1013

    Common carriers, Reporting and recordkeeping requirements, 
Securities, Trusts and trustees.

49 CFR Part 1014

    Administrative practice and procedure, Civil rights, Equal 
employment opportunity, Federal buildings and facilities, Individuals 
with disabilities.

49 CFR Part 1016

    Claims, Equal access to justice, Lawyers.

49 CFR Part 1017

    Claims, Government employees, Wages.

49 CFR Part 1018

    Claims, Income taxes.

49 CFR Part 1019

    Conflict of interests.

49 CFR Part 1021

    Claims.

49 CFR Part 1034

    Railroads.

49 CFR Part 1035

    Maritime carriers, Railroads.

49 CFR Part 1039

    Agricultural commodities, Intermodal transportation, Railroads.

49 CFR Part 1090

    Freight, Intermodal transportation, Maritime carriers, Motor 
carriers, Railroads.

49 CFR Part 1101

    Administrative practice and procedure.

49 CFR Part 1102

    Administrative practice and procedure.

49 CFR Part 1103

    Administrative practice and procedure, Lawyers.

49 CFR Part 1104

    Administrative practice and procedure.

49 CFR Part 1105

    Environmental impact statements, Reporting and recordkeeping 
requirements.

49 CFR Part 1110

    Administrative practice and procedure.

49 CFR Part 1111

    Administrative practice and procedure, Investigations.

49 CFR Part 1113

    Administrative practice and procedure.

49 CFR Part 1114

    Administrative practice and procedure.

[[Page 8850]]

49 CFR Part 1115

    Administrative practice and procedure.

49 CFR Part 1118

    Administrative practice and procedure.

49 CFR Part 1139

    Administrative practice and procedure, Buses, Freight, Motor 
carriers, Reporting and recordkeeping requirements.

49 CFR Part 1144

    Railroads.

49 CFR Part 1146

    Railroads.

49 CFR Part 1150

    Administrative practice and procedure, Railroads.

49 CFR Part 1151

    Administrative practice and procedure, Railroads.

49 CFR Part 1152

    Administrative practice and procedure, Railroads, Reporting and 
recordkeeping requirements, Uniform System of Accounts.

49 CFR Part 1180

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

49 CFR Part 1241

    Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1242

    Railroads, Taxes.

49 CFR Part 1243

    Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1244

    Freight, Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1245

    Railroad employees, Reporting and recordkeeping requirements, 
Wages.

49 CFR Part 1246

    Railroad employees, Reporting and recordkeeping requirements.

49 CFR Part 1247

    Freight, Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1248

    Freight, Railroads, Reporting and recordkeeping requirements, 
Statistics.

49 CFR Part 1253

    Freight forwarders, Maritime carriers, Motor carriers, Pipelines, 
Railroads, Reporting and recordkeeping requirements.

    Decided: February 11, 2016.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman. Commissioner Begeman commented with a separate 
expression.
Kenyatta Clay,
Clearance Clerk.
    For the reasons set forth in the preamble, under the authority of 
49 U.S.C. 1321, title 49, chapter X, parts 1001, 1002, 1005, 1007, 
1011, 1012, 1013, 1014, 1016, 1017, 1018, 1019, 1021, 1034, 1035, 1039, 
1090, 1101, 1102, 1103, 1104, 1105, 1110, 1111, 1113, 1114, 1115, 1118, 
1139, 1144, 1146, 1150, 1151, 1152, 1180, 1241, 1242, 1243, 1244, 1245, 
1246, 1247, 1248, and 1253 of the Code of Federal Regulations are 
amended as follows:

PART 1001--INSPECTION OF RECORDS

0
1. The authority citation for part 1001 continues to read as follows:

    Authority: 5 U.S.C. 552, 49 U.S.C. 702, and 49 U.S.C. 721.


Sec.  1001.3  [Amended]

0
2. In Sec.  1001.3, remove the words ``within 10 days of receipt of a 
request'' and add in their place the words ``within 20 days of receipt 
of a request''.

PART 1002--FEES

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

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


Sec.  1002.2  [Amended]

0
4. In Sec.  1002.2(f)(78), add ``($26 flat fee for electronic 
filing.)'' following ``($26 min. charge.)''

PART 1005--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND 
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING 
SALVAGE

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

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


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


Sec.  1005.5  Disposition of claims.

    Each carrier subject to the Interstate Commerce Act which receives 
a written or electronically transmitted claim for loss or damage to 
baggage or for loss, damage, injury, or delay to property transported 
shall pay, decline, or make a firm compromise settlement offer in 
writing or electronically to the claimant within 120 days after receipt 
of the claim by the carrier; provided, however, that, if the claim 
cannot be processed and disposed of within 120 days after the receipt 
thereof, the carrier shall at that time and at the expiration of each 
succeeding 60-day period while the claim remains pending, advise the 
claimant in writing or electronically of the status of the claim and 
the reason for the delay in making the final disposition thereof, and 
it shall retain a copy of such advice to the claimant in its claim file 
thereon.

PART 1007--RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS

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

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


Sec.  1007.6  [Amended]

0
8. In Sec.  1007.6:
0
a. In paragraph (a)(8), remove the title ``National Archives of the 
United States'' and add in its place ``National Archives and Records 
Administration'' and remove the title ``Administrator of General 
Services'' and add in its place ``Archivist of the United States''.
0
b. In paragraph (a)(11), remove the title ``General Accounting Office'' 
and add in its place ``Government Accountability Office''.

PART 1011--BOARD ORGANIZATION; DELEGATIONS OF AUTHORITY

0
9. The authority citation for Part 1011 continues to read as follows:

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


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


Sec.  1011.2  The Board.

    (a) * * *
    (7) All appeals of initial decisions issued by the Director of the 
Office of Proceedings under the authority delegated by Sec.  1011.7(a), 
and all appeals of initial decisions issued by the Office of Public 
Assistance, Governmental Affairs, and Compliance under the authority 
delegated by Sec.  1011.7(b). * * *
* * * * *


Sec.  1011.4  [Amended]

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

[[Page 8851]]

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


Sec.  1011.6  [Amended]

0
12. In Sec.  1011.6(h), remove ``section 308 of the Regional Rail 
Reorganization Act of 1973'' and add in its place ``section 308 of the 
Regional Rail Reorganization Act of 1973, 45 U.S.C. 748,''.


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


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

    (a) Office of Proceedings. (1) The Director of the Office of 
Proceedings is delegated the authority to determine (in consultation 
with involved Offices) whether to waive filing fees set forth at 49 CFR 
1002.2(f).
* * * * *
    (b) * * *
    (6) Issue, on written request, informal opinions and 
interpretations which are not binding on the Board. In issuing informal 
opinions or interpretations, the Director of the Office of Public 
Assistance, Governmental Affairs, and Compliance shall consult with the 
Directors of the appropriate Board offices. Such requests must be 
directed to the Director of the Office of Public Assistance, 
Governmental Affairs, and Compliance, Surface Transportation Board, 
Washington, DC.

PART 1012--MEETINGS OF THE BOARD

0
14. The authority citation for Part 1012 continues to read as follows:

    Authority: 5 U.S.C. 552b(g), 49 U.S.C. 701, 721.


Sec.  1012.3  [Amended]

0
15. In Sec.  1012.3:
0
a. In paragraph (c), remove the words ``in paragraphs (d) and (e) of 
this section'' and add in their place the words ``in paragraph (d) of 
this section''.
0
b. Remove paragraph (d).
0
c. Redesignate paragraph (e) as paragraph (d).
0
d. Redesignate paragraph (f) as paragraph (e).

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

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

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


Sec.  1013.2  [Amended]

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


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


Sec.  1013.3  Review and reporting requirements for regulated carriers.

* * * * *
    (c) Any carrier required to file a Schedule 13D with the Securities 
and Exchange Commission (17 CFR 240.13d-1) which reports the purchase 
of 5 percent or more of the registered securities of another Board 
regulated carrier (or the listed shares of a company controlling 10 
percent or more of the stock of a Board regulated carrier), must 
simultaneously file a copy of that schedule with the Board, along with 
any supplements to that schedule.
* * * * *

PART 1014--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF 
HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE SURFACE 
TRANSPORTATION BOARD

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

    Authority: 29 U.S.C. 794.


Sec.  1014.110  [Removed]

0
20. Remove Sec.  1014.110.

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

0
21. The authority citation for Part 1016 continues to read as follows:

    Authority: 5 U.S.C. 504(c)(1), 49 U.S.C. 721.


Sec.  1016.103  [Amended]

0
22. In Sec.  1016.103(a), remove the reference to ``49 U.S.C. 10925'' 
and add in its place ``49 U.S.C. 13905'' and remove the reference to 
``49 CFR 1100.11'' and add in its place ``49 CFR 1103.5''.


Sec.  1016.105  [Amended]

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

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


Sec.  1016.107  Allowable fees and expenses.

* * * * *
    (b) No award for the fee of an attorney or agent under these rules 
may exceed the amount specified by 5 U.S.C. 504(b)(1)(A), unless a 
higher fee is justified. * * *
* * * * *


Sec.  1016.202  [Amended]

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

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

0
26. Revise the authority citation for Part 1017 to read as follows:

    Authority:  31 U.S.C. 3716, 5 U.S.C. 5514; Pub. L. 97-365; 31 
CFR parts 900-904; 5 CFR part 550.


Sec.  1017.9  [Amended]

0
27. In Sec.  1017.9(b)(2), remove the reference to ``5 CFR 1108'' and 
add in its place ``5 CFR 550.1109'' and remove the word ``provided'' 
and add in its place ``followed''.

PART 1018--DEBT COLLECTION

0
28. Revise the authority citation for Part 1018 to read as follows:

    Authority: 31 U.S.C. 3701, 31 U.S.C. 3711 et seq., 49 U.S.C. 
721, 31 CFR parts 900-904.

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


Sec.  1018.3  Communications.

    Unless otherwise specified, all communications concerning the 
regulations in this part should be addressed to the Chief, Section of 
Financial Services, Surface Transportation Board, Washington, DC.


Sec.  1018.6  [Amended]

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


Sec.  1018.8  [Amended]

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


Sec.  1018.20  [Amended]

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

[[Page 8852]]

Sec.  1018.25  [Amended]

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


Sec.  1018.28  [Amended]

0
34. In Sec.  1018.28:
0
a. In paragraph (a), remove the reference to ``4 CFR 102.2, 102.3, and 
102.4'' and add in its place ``31 CFR 901.2 and 901.3''.
0
b. In paragraph (b), remove the reference to ``4 CFR 102.4'' and add in 
its place ``31 CFR 901.3(e)''.
0
c. In paragraph (d)(1)(vi), remove the reference to ``4 CFR 102.3(c)'' 
and add in its place ``31 CFR 901.3(e)''.


Sec.  1018.30  [Amended]

0
35. In Sec.  1018.30:
0
a. In paragraph (a), remove the reference to ``4 CFR 102.13'' and add 
in its place ``31 CFR 901.9''.
0
b. In paragraph (b), remove the reference to ``4 CFR 102.2 and 102.13'' 
and add in its place ``31 CFR 901.2 and 901.9''.


Sec.  1018.51  [Amended]

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


Sec.  1018.72  [Amended]

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

0
38. Amend Sec.  1018.91 as follows:
0
a. At the end of paragraphs (b)(3) and (b)(4), remove the periods and 
add semicolons in their place.
0
b. Revise paragraph (b)(7).
0
c. In paragraph (b)(8), remove the reference to ``26 CFR 301.6402-6T'' 
and add in its place ``26 CFR 301.6402-6''.
    The revision reads as follows:


Sec.  1018.91  Applicability and scope.

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

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

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

    Authority:  49 U.S.C. 721.


Sec.  1019.2  [Amended]

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

PART 1021--ADMINISTRATIVE COLLECTION OF ENFORCEMENT CLAIMS

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

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

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


Sec.  1021.1  Standards.

    The regulations issued jointly by the Comptroller General of the 
United States and the Attorney General of the United States under 
section 3 of the Federal Claims Collection Act of 1966, as amended, (31 
U.S.C. 3701 et seq.) and published in 31 CFR parts 900 through 904 are 
hereby adopted by the Surface Transportation Board for the 
administrative collection of enforcement claims.

PART 1034--ROUTING OF TRAFFIC

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

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


Sec.  1034.1  [Amended]

0
44. In Sec.  1034.1:
0
a. In paragraph (a), remove the words ``submit a written or telegraphic 
notice'' and add in their place ``submit a written or electronic 
notice'' and remove the title ``Office of Compliance and Enforcement'' 
and add in its place ``Office of Public Assistance, Governmental 
Affairs, and Compliance''.
0
b. In paragraph (c), remove the title ``Office of Compliance and 
Enforcement'' and add in its place ``Office of Public Assistance, 
Governmental Affairs, and Compliance''.

PART 1035--BILLS OF LADING

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

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


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

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

PART 1039--EXEMPTIONS

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

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


Sec.  1039.12  [Removed]

0
49. Remove Sec.  1039.12.


Sec.  1039.14  [Amended]

0
50. Amend Sec.  1039.14 by removing ``.'' and adding in its place ``;'' 
at the end of paragraphs (b)(1) through (4) and removing ``.''and 
adding in its place ``; and'' at the end of paragraph (b)(5).


Sec.  1039.21  [Removed]

0
51. Remove Sec.  1039.21.


Sec.  1039.22  [Amended]

0
52. In Sec.  1039.22(a)(2), remove the reference to ``49 U.S.C. 10713'' 
and add in its place ``49 U.S.C. 10709'', remove the reference to ``49 
U.S.C. 10761(a)'' and add in its place ``49 U.S.C. 13702(a)'', and 
remove the reference to ``10762(a)(1)'' and add in its place 
``13702(b)-(d)''.

PART 1090--PRACTICES OF CARRIERS INVOLVED IN THE INTERMODAL 
MOVEMENT OF CONTAINERIZED FREIGHT

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

    Authority: 49 U.S.C. 721.


Sec.  1090.2  [Amended]

0
54. In Sec.  1090.2, remove the reference to ``49 U.S.C. 10505(e) and 
(g), 109229(1), and 10530'' and add in its place ``49 U.S.C. 10502(e) 
and (g) and 13902''.

PART 1101--DEFINITIONS AND CONSTRUCTION

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

    Authority: 49 U.S.C. 721.


Sec.  1101.2  [Amended]

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

PART 1102--COMMUNICATIONS

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

    Authority: 49 U.S.C. 721.

[[Page 8853]]

Sec.  1102.2  [Amended]

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

PART 1103--PRACTITIONERS

0
59. The authority citation for Part 1103 continues to read as follows:

    Authority: 21 U.S.C. 862; 49 U.S.C. 703(e), 721.


0
60. In Sec.  1103.3:
0
a. In paragraph (d), remove the reference to ``49 CFR 1002.2(f)(100)'' 
and add in its place ``49 CFR 1002.2(f)(99)(i)''.
0
b. Revise paragraph (h).
0
c. In paragraphs (l), (m), and (n), remove the reference to ``49 CFR 
1002.2(f)(100)'' and add in its place ``49 CFR 1002.2(f)(99)(i)''.
0
d. Revise paragraph (o).
    The revisions read as follows:


Sec.  1103.3  Persons not attorneys-at-law--qualifications and 
requirements for practice before the Board.

* * * * *
    (h) Location of examination. Examinations will be conducted at the 
Board's office in Washington, DC.
* * * * *
    (o) Content and grading of examination. A Board staff member is 
responsible, under the general supervision of the Vice Chairman, for 
the examination of non-attorney applicants, the preparation of 
examination questions, and the grading of examinations. The staff 
member is appointed by the Chairman, with the approval of the Board. 
The staff member must be an attorney and must have at least two years 
of experience with the Board.
* * * * *


Sec.  1103.16  [Amended]

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

0
62. In Sec.  1103.20:
0
a. Revise paragraph (b).
0
b. In paragraph (g), remove ``in behalf of the client'' and add in its 
place ``on behalf of the client''.
    The revision reads as follows:


Sec.  1103.20  Practitioner's fees and related practices.

* * * * *
    (b) Compensation, commission, and rebates. A practitioner shall 
accept no compensation, commission, rebates, or other advantages from 
the parties in a proceeding other than his client without the knowledge 
and consent of his client after full disclosure.
* * * * *

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

0
63. The authority citation for Part 1104 continues to read as follows:

    Authority: 5 U.S.C. 553 and 559; 18 U.S.C. 1621; 21 U.S.C. 862; 
and 49 U.S.C. 721.


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


Sec.  1104.3  Copies.

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

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


Sec.  1104.5  Affirmation or declarations under penalty of perjury in 
accordance with 18 U.S.C. 1621 in lieu of oath.

* * * * *
    (c) Knowing and willful misstatements or omissions of material 
facts constitute federal criminal violations punishable under 18 U.S.C. 
1001. Additionally, these misstatements are punishable as perjury under 
18 U.S.C. 1621.


Sec.  1104.6  [Amended]

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

0
67. In Sec.  1104.12:
0
a. Amend Sec.  1104.12(a) by adding a sentence at the end of the 
paragraph.
0
b. In the parenthetical, remove the reference to ``49 U.S.C. 10321'' 
and add in its place ``49 U.S.C. 721''.
    The addition reads as follows:


Sec.  1104.12  Service of pleadings and papers.

    (a) * * * If a document is filed with the Board through the e-
filing process, a copy of the e-filed document should be emailed to 
other parties, or a paper copy of the document should be personally 
served on the other parties, but if neither email nor personal service 
is feasible, service of a paper copy should be by first-class or 
express mail.
* * * * *

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


Sec.  1104.14  Protective orders to maintain confidentiality.

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

PART 1105--PROCEDURES FOR IMPLEMENTATION OF ENVIRONMENTAL LAWS

0
69. Revise the authority citation for Part 1105 to read as follows:

    Authority: 16 U.S.C. 1456 and 1536; 42 U.S.C. 4332 and 6362(b); 
49 U.S.C. 701 note (1995) (Savings Provisions), 721(a), 10502, and 
10903-10905; 54 U.S.C. 306108.


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


Sec.  1105.2  Responsibility for administration of these rules.

    The Director of the Office of Environmental Analysis is delegated 
the authority to sign, on behalf of the Board, memoranda of agreement 
entered into pursuant to 36 CFR 800.5(e)(4) regarding historic 
preservation matters. The Director of the Office of Environmental 
Analysis is responsible for the preparation of documents under these 
rules and is delegated the authority to provide interpretations of the 
Board's National Environmental Policy Act (NEPA) process, to render 
initial decisions on requests for waiver or modification of any of 
these rules for individual proceedings, and to recommend rejection of 
environmental reports not in compliance with these rules. This 
delegated authority shall be used only in a manner consistent with 
Board policy. Appeals to the Board will be available as a matter of 
right.

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


Sec.  1105.3  Information and assistance.

    Information and assistance regarding the rules and the Board's 
environmental and historic review process is available by writing or 
calling the Office of Environmental Analysis.

0
72. In Sec.  1105.4:
0
a. Revise paragraph (i).
0
b. In paragraph (j), remove the references to ``SEA's'' wherever they 
appear and add in their place ``OEA's''.
    The revision reads as follows:


Sec.  1105.4  Definitions.

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


Sec.  1105.5  [Amended]

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


Sec.  1105.6  [Amended]

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

[[Page 8854]]

10901 or 10910'' and add in its place ``49 U.S.C. 10901, 10902, or 
10907'', and remove the reference to ``49 U.S.C. 11343'' and add in its 
place ``49 U.S.C. 11323 and 14303.''
0
b. In paragraph (b)(5), add ``and'' following ``environmental 
impacts;''.
0
c. Remove paragraph (b)(6).
0
d. Redesignate paragraph (b)(7) as paragraph (b)(6).
0
e. Remove paragraph (c)(1).
0
f. Redesignate paragraphs (c)(2) through (7) as paragraphs (c)(1) 
through (6).
0
g. In newly redesignated paragraph (c)(1)(i), remove the reference to 
``49 U.S.C. 10901 or 10910'' and add in its place ``49 U.S.C. 10901, 
10902, or 10907'', and remove the reference to ``49 U.S.C. 11343'' and 
add in its place ``49 U.S.C. 11323 and 14303.''
0
h. Remove newly redesignated paragraph (c)(1)(v).
0
i. Further redesignate newly redesignated paragraph (c)(1)(vi) as 
paragraph (c)(1)(v).

0
75. Amend Sec.  1105.7 as follows:
0
a. Add a sentence to the end of paragraph (a).
0
b. In paragraph (e)(3)(iv), remove the reference ``49 U.S.C. 10906'' 
and add in its place ``49 U.S.C. 10905''.
    The addition reads as follows:


Sec.  1105.7  Environmental reports.

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

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


Sec.  1105.8  Historic Reports.

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


Sec.  1105.10  [Amended]

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


Sec.  1105.11  [Amended]

0
78. In the appendix to Sec.  1105.11, remove the reference to ``the 
Section of Environmental Analysis (SEA), Surface Transportation Board, 
1925 K Street, NW., Washington, DC 20423'' and add in its place ``the 
Office of Environmental Analysis (OEA), Surface Transportation Board, 
Washington, DC''.


Sec.  1105.12  [Amended]

0
79. In the appendix to Sec.  1105.12:
0
a. In the Sample Local Newspaper Notice for Out-of-Service Abandonment 
Exemptions:
0
i. In the first paragraph, remove the zip code ``20423''.
0
ii. In the second paragraph, remove the references to ``Section of 
Environmental Analysis (SEA)'' wherever they appear and add in their 
place ``Office of Environmental Analysis (OEA)''; and remove the zip 
code ``20423''.
0
iii. In the third paragraph remove the reference to ``Section of 
Administration, Office of Proceedings, 395 E Street, SW., Washington, 
DC 20423-0001'' and add in its place ``Office of Proceedings, 
Washington, DC''.
0
b. In the Sample Local Newspaper Notice for Petitions for Abandonment 
Exemptions:
0
i. In the first paragraph, remove the zip code ``20423''.
0
ii. In the second paragraph, remove the references to ``Section of 
Environmental Analysis (SEA)'' wherever they appear and add in their 
place ``Office of Environmental Analysis (OEA)''; and remove the zip 
code ``20423''.
0
iii. In the third paragraph remove the reference to ``Section of 
Administration, Office of Proceedings, 395 E Street SW., Washington, DC 
20423-0001'' and add in its place ``Office of Proceedings, Washington, 
DC''.

PART 1110--PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS

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

    Authority: 49 U.S.C. 721.

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


Sec.  1110.2  Opening of proceeding.

* * * * *
    (b) Any person may petition the Board to open a proceeding to 
issue, amend, or repeal a rule.
* * * * *
    (c) * * *
    (1) Be submitted, along with 15 copies, to the Chief, Section of 
Administration, Office of Proceedings, Surface Transportation Board, 
Washington DC;
* * * * *


Sec.  1110.5  [Amended]

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

PART 1111--COMPLAINT AND INVESTIGATION PROCEDURES

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

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


Sec.  1111.1  [Amended]

0
84. In Sec.  1111.1:
0
a. In paragraph (a), remove the words ``at the hearing''.
0
b. In paragraph (e), remove the reference to ``49 CFR 1244.8'' and add 
in its place ``49 CFR 1244.9''.

PART 1113--ORAL HEARING

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

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


Sec.  1113.2  [Amended]

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


Sec.  1113.3  [Amended]

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


Sec.  1113.8  [Amended]

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


Sec.  1113.11  [Amended]

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

PART 1114--EVIDENCE; DISCOVERY

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

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


Sec.  1114.21  [Amended]

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


Sec.  1114.24  [Amended]

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


Sec.  1114.25  [Amended]

0
93. In Sec.  1114.25:

[[Page 8855]]

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


Sec.  1114.26  [Amended]

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


Sec.  1114.27  [Amended]

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

PART 1115--APPELLATE PROCEDURES

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

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


Sec.  1115.2  [Amended]

0
97. In Sec.  1115.2(b)(3), remove the words ``governing precedent;'' 
and add in their place ``governing precedent; or''.

PART 1118--PROCEDURES IN INFORMAL PROCEEDINGS BEFORE EMPLOYEE 
BOARDS

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

PART 1139--PROCEDURES IN MOTOR CARRIER REVENUE PROCEEDINGS

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

PART 1144--INTRAMODAL RAIL COMPETITION

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

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


Sec.  1144.2  [Amended]

0
101. In Sec.  1144.2:
0
a. In paragraph (a) introductory text, remove the reference to ``49 
U.S.C. 11102'' and add in its place ``49 U.S.C. 11102(c)''.
0
b. In paragraph (a)(1), remove the reference to ``and 11102'' and add 
in its place ``and 11102(c)''.

PART 1146--EXPEDITED RELIEF FOR SERVICE EMERGENCIES

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

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


Sec.  1146.1  [Amended]

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

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

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

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


Sec.  1150.3  [Amended]

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

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


Sec.  1150.21  Scope of rules.

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


Sec.  1150.31  [Amended]

0
107. In Sec.  1150.31(b), remove the words ``and the from securities 
regulation at 49 CFR part 1175'' and add in their place ``and the 
exemption from securities regulation at 49 CFR part 1177''.

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


Sec.  1150.35  Procedures and relevant dates--transactions that involve 
creation of Class I or Class II carriers.

* * * * *
    (b) The notice of intent must contain all of the information 
required in Sec.  1150.33, exclusive of Sec.  1150.33(g), plus:
* * * * *


Sec.  1150.42  [Amended]

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

PART 1151--FEEDER RAILROAD DEVELOPMENT PROGRAM

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

    Authority: 49 U.S.C. 10907.


0
111. Amend Sec.  1151.3 by revising the last sentence in paragraphs 
(a)(9) and (12) and revising the first sentence in paragraph (a)(14) 
introductory text to read as follows:


Sec.  1151.3  Contents of application.

    (a) * * *
    (9) * * * (This statement will be binding upon applicant if the 
application is approved.)
* * * * *
    (12) * * * (This statement will be binding upon applicant if the 
application is approved.)
* * * * *
    (14) If applicant requests Board-prescribed joint rates and 
divisions in the feeder line proceeding, a description of any joint 
rate and division agreement must be included in the application. * * *
* * * * *


Sec.  1151.4  [Amended]

0
112. In Sec.  1151.4(e), remove the reference to ``49 U.S.C. 
10709(d)(2)'' and add in its place ``49 U.S.C. 10707''.

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

0
113. The authority citation for Part 1152 continues to read as follows:

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

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


Sec.  1152.30  General.

* * * * *
    (c) Final payment of financial assistance. (1) When a financial 
assistance agreement to subsidize is concluded, the final payment will 
be adjusted to reflect the actual revenues derived, avoidable costs 
incurred, and value of the properties used in the subsidy year.
* * * * *


Sec.  1152.32  [Amended]

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

[[Page 8856]]

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

0
116. The authority citation for Part 1180 continues to read as follows:

    Authority:  5 U.S.C. 553 and 559; 11 U.S.C. 1172; 49 U.S.C. 721, 
10502, 11323-11325.


Sec.  1180.3  [Amended]

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

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


Sec.  1180.4  Procedures

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

PARTS 1240-1259--REPORTS

0
119. Revise the note for Parts 1240-1259 to read as follows:

    Note: The report forms prescribed by parts 1240-1259 are 
available upon request from the Office of Economics, Surface 
Transportation Board, Washington, DC.

PART 1241--ANNUAL, SPECIAL, OR PERIODIC REPORTS--CARRIERS SUBJECT 
TO PART I OF THE INTERSTATE COMMERCE ACT

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

    Authority: 49 U.S.C. 11145.


0
121. Revise the note for Part 1241 to read as follows:

    Note: The report forms prescribed by part 1241 are available 
upon request from the Office of Economics, Surface Transportation 
Board, Washington, DC.

Sec.  1241.11  [Amended]

0
122. In Sec.  1241.11(a), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics'' and remove the zip code ``20423''.


Sec.  1241.15  [Amended]

0
123. In Sec.  1241.15, remove the title ``Bureau of Accounts'' and add 
in its place ``Office of Economics'' and remove the zip code ``20423''.

PART 1242--SEPARATION OF COMMON OPERATING EXPENSES BETWEEN FREIGHT 
SERVICE AND PASSENGER SERVICE FOR RAILROADS

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

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


0
125. Revise the note for Part 1242 to read as follows:

    Note: The report forms prescribed by part 1242 are available 
upon request from the Office of Economics, Surface Transportation 
Board, Washington, DC.


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

PART 1243--QUARTERLY OPERATING REPORTS--RAILROADS

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


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

0
128. Revise the note for Part 1243 to read as follows:

    Note: The report forms prescribed by part 1243 are available 
upon request from the Office of Economics, Surface Transportation 
Board, Washington, DC.


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


Sec.  1243.1  Revenues, expenses and income.

    * * * Such quarterly reports shall be submitted, in paper or 
electronically, to the Office of Economics, Surface Transportation 
Board, Washington, DC, within 30 days after the end of the quarter to 
which they relate.

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


Sec.  1243.2  Condensed balance sheet.

    * * * Such quarterly reports shall be submitted, in paper or 
electronically, to the Office of Economics, Surface Transportation 
Board, Washington, DC, within 30 days after the end of the quarter to 
which they relate.

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


Sec.  1243.3  Report of fuel cost, consumption, and surcharge revenue.

    * * * Such reports shall be submitted, in paper or electronically, 
to the Office of Economics, Surface Transportation Board, Washington, 
DC, within 30 days after the end of the quarter reported.

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

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

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


Sec.  1244.3  [Amended]

0
133. In Sec.  1244.3(b)(4), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics'' and remove the zip code ``20423-0001''.


Sec.  1244.9  [Amended]

0
134. In Sec.  1244.9:
0
a. In paragraph (a), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics''.
0
b. In paragraph (d)(2), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics''.
0
c. In paragraph (d)(3)(ii), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics'' and remove the zip code ``20423''.
0
d. In paragraph (d)(4)(i), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics''.
0
e. In paragraph (e)(2), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics'' and remove the zip code ``20423''.
0
f. In paragraph (f)(4), remove the title ``OTA'' and add in its place 
``Office of Economics''.
0
g. In paragraph (g)(3), remove the title ``Office of Economics, 
Environmental Analysis, and Administration'' and add in its place 
``Office of Economics'' and remove the zip code ``20423''.

PART 1245--CLASSIFICATION OF RAILROAD EMPLOYEES; REPORTS OF SERVICE 
AND COMPENSATION

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

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


0
136. Revise the note for Part 1245 to read as follows:

    Note: The report forms prescribed by part 1245 are available 
upon request from the Office of Economics, Surface Transportation 
Board, Washington, DC.


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

[[Page 8857]]

Sec.  1245.2  Reports of railroad employees, service and compensation.

    Each Class I railroad is required to file a Quarterly Report of 
Railroad Employees, Service, and Compensation, (Quarterly Wage Forms A 
& B). In addition, such carriers shall also file an Annual Report of 
Railroad Employees, Service, and Compensation, (Annual Wage Forms A & 
B) for each calendar year. Both reports shall be submitted, in paper or 
electronically, to the Office of Economics, Surface Transportation 
Board, Washington, DC. The quarterly report shall be submitted within 
30 days after the end of each calendar quarter. The annual report shall 
be submitted within 45 days after the end of the reporting year.

PART 1246--NUMBER OF RAILROAD EMPLOYEES

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

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


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


Sec.  1246.1  Monthly report of number of railroad employees.

    Each Class I railroad shall file a Monthly Report of Number of 
Railroad Employees (Form C) each month. The report should be submitted, 
in paper or electronically, to the Office of Economics, Surface 
Transportation Board, Washington, DC, by the end of the month to which 
it applies.

0
140. Revise the note for part 1246 to read as follows:

    Note: The report forms prescribed by part 1246 are available 
upon request from the Office of Economics, Surface Transportation 
Board, Washington, DC.

PART 1247--REPORT OF CARS LOADED AND CARS TERMINATED

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

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

Sec.  1247.1  [Amended]

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

PART 1248--FREIGHT COMMODITY STATISTICS

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

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


0
144. Revise the note for Part 1248 to read as follows:

    Note: The report forms prescribed by part 1248 are available 
upon request from the Office of Economics, Surface Transportation 
Board, Washington, DC.


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


Sec.  1248.5  Report forms and date of filing.

    (a) Reports required from Class I carriers by this section shall be 
submitted, in paper or electronically, to the Office of Economics, 
Surface Transportation Board, Washington, DC, on forms which will be 
furnished to the carriers. * * *
* * * * *

PART 1253--RATE-MAKING ORGANIZATION; RECORDS AND REPORTS

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

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


0
147. Revise the note for Part 1253 to read as follows:

    Note: The report forms prescribed by part 1253 are available 
upon request from the Office of Economics, Surface Transportation 
Board, Washington, DC.


    Note: The following comment will not appear in the Code of 
Federal Regulations.

    COMMISSIONER BEGEMAN, commenting:
    It is disappointing that today's decision is all we can muster up 
more than four years after receiving public comments on whether any of 
the Board's regulations are ``ineffective, insufficient, or excessively 
burdensome, and how to modify, streamline, expand, or repeal them. . . 
.'' I certainly don't object to replacing obsolete references and 
correcting spelling and other errors, but we should be doing so as a 
matter of course. Today's decision is simply not responsive to what we 
set out to do in 2011. Nor does it meet the spirit--let alone achieve 
the purpose--of the President's two Executive Orders.

[FR Doc. 2016-03298 Filed 2-22-16; 8:45 am]
 BILLING CODE 4915-01-P