[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Rules and Regulations]
[Pages 58490-58491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29379]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1104, 1111, 1112, 1115 and 1121

[STB Ex Parte No. 527]


Expedited Procedures for Processing Rail Rate Reasonableness, 
Exemption and Revocation Proceedings

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (Board) amended its Rules of 
Practice at 49 CFR 1100-1149 in a decision served October 1, 1996 and 
published in the Federal Register on October 8, 1996 (61 FR 52710). The 
rules were scheduled to become effective November 7, 1996, but their 
effectiveness was postponed until November 16, 1996 in a decision 
served and published on November 6, 1996 (61 FR 57339). Joseph C. 
Szabo, for and on behalf of United Transportation Union-Illinois 
Legislative Board, filed a petition to stay a portion of the decision 
and a petition to reopen. The National Industrial Traffic League also 
filed a petition for reopening and reconsideration. In response to 
these petitions, the Board is modifying some of the final rules 
published in the Federal Register on October 8, 1996. In addition, 
certain other minor technical changes are being made.

EFFECTIVE DATE: November 16, 1996.

FOR FURTHER INFORMATION CONTACT: Thomas J. Stilling, (202) 927-7312. 
[TDD for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: The Board's decision adopting these 
regulations is available to all persons for a charge by phoning DC NEWS 
& DATA, INC., at (202) 289-4357. The Board certifies that these rules 
will not have a significant economic effect on a substantial number of 
small entities. These rules clarify previously announced policy and 
make participation in proceedings less burdensome.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

[[Page 58491]]

List of Subjects

49 CFR Parts 1104, 1112 and 1115

    Administrative practice and procedure.

49 CFR Part 1111

    Administrative practice and procedure, Investigations.

49 CFR Part 1121

    Administrative practice and procedure, Rail exemption procedures, 
Railroads.

    Decided: November 8, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen. Commissioner Owen commented with a separate 
expression.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, title 49, chapter X, 
parts 1104, 1111, 1112, 1115 and 1121 of the Code of Federal 
Regulations are amended as follows:

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

    1. The authority citation for part 1104 continues to read as 
follows:

    Authority: 5 U.S.C. 559; 21 U.S.C. 853a; 49 U.S.C. 721.

    2. Section 1104.3 is amended by revising paragraph (a)(2) to read 
as follows:


Sec. 1104.3  Copies.

    (a) * * *
    (1) * * *
    (2) All electronic spreadsheets should be submitted on 3.5 inch, 
IBM compatible formatted diskettes or QIC-80 tapes. Textual materials 
must be in WordPerfect 5.1 format, and electronic spreadsheets must be 
in LOTUS 1-2-3 release 5 or earlier format. One copy of each such 
computer diskette or tape submitted to the Board should, if possible, 
be provided to any other party requesting a copy.
* * * * *

PART 1111--COMPLAINT AND INVESTIGATION PROCEDURES

    3. The authority citation for part 1111 continues to read as 
follows:

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


Sec. 1111.3  [Amended]

    4. Section 1111.3, 6th sentence, is amended by removing the words 
``Ten copies of the complaint'' and adding in their place the words 
``An original and ten copies of the complaint''.

PART 1112--MODIFIED PROCEDURES

    5. The authority citation for part 1112 is revised to read as 
follows:

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

    6. Section 1112.2 is amended by adding the following two sentences 
to the end of the paragraph to read as follows:


Sec. 1112.2  Decisions directing modified procedure.

    * * * The filing of motions or other pleadings will not 
automatically stay or delay the established procedural schedule. 
Parties will adhere to this schedule unless the Board issues an order 
modifying the schedule.

PART 1115--APPELLATE PROCEDURES

    7. The authority citation for part 1115 continues to read as 
follows:

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

    8. Section 1115.3 is amended by revising paragraph (a) to read as 
follows:


Sec. 1115.3  Board actions other than initial decisions.

    (a) A discretionary appeal of an entire Board action is permitted. 
Such an appeal should be designated a ``petition for reconsideration.''
* * * * *
    9. Section 1115.9 is amended by revising paragraph (b) to read as 
follows:


Sec. 1115.9  Interlocutory appeals.

* * * * *
    (b) In stand-alone cost complaints, any interlocutory appeal of a 
ruling shall be filed with the Board within three (3) business days of 
the ruling. Replies to any interlocutory appeal shall be filed with the 
Board within three (3) business days after the filing of any such 
appeal. In all other cases, interlocutory appeals shall be filed with 
the Board within seven (7) calendar days of the ruling and replies to 
interlocutory appeals shall be filed with Board within seven (7) 
calendar days after the filing of any such appeal as computed under 49 
CFR 1104.7.

PART 1121--RAIL EXEMPTION PROCEDURES

    10. The authority citation for part 1121 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 10502 and 10704.


Sec. 1121.4  [Amended]

    11. Section 1121.4(e), second sentence, is amended by adding the 
words ``petitions for reconsideration or'' prior to the words 
``petitions to reopen''.

[FR Doc. 96-29379 Filed 11-14-96; 8:45 am]
BILLING CODE 4915-00-P