[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Notices]
[Page 6795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3250]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 282 (Sub-No. 20)]


Railroad Consolidation Procedures--Temporary Trackage Rights 
Exemption

    In this docket, the Board is simultaneously serving and will be 
publishing a notice of proposed exemption and rulemaking (NPR) in which 
it proposes to modify its trackage rights class exemption at 49 CFR 
1180.2(d). The Board's present rule, codified at 49 CFR 1180.2(d)(7), 
when invoked, authorizes trackage rights indefinitely, regardless of 
any durational provision in the trackage rights agreement between the 
parties. The authorization may be terminated only by obtaining 
authority from the Board to discontinue service.
    If a carrier wishes to obtain an authorization that expires 
automatically on a certain date, the carrier must file an individual 
petition for exemption. Unlike a filing invoking the class exemption, 
which becomes effective in 20 days by rule, the relief sought in a 
petition may be given effect only by a specific decision of the Board. 
The preparation and issuance of such a decision normally takes 
significantly longer than 20 days.
    Carriers seeking authorizations that expire automatically have 
adopted the practice of filing a notice invoking a class exemption and 
simultaneously filing a petition asking that the authorization expire 
on a particular date. The NPR proposes to add to the Board's rules a 
class exemption for trackage rights that terminate on a particular 
date, thereby allowing carriers to obtain such rights promptly with a 
single filing.
    In Implementation of the Regulatory Flexibility Act, STB 
Administrative Matter No. 3, STB Issuance No. 52 (STB served Nov. 8, 
2002) (Implementation of the RFA), the Board revised its internal 
procedures implementing the Regulatory Flexibility Act (RFA) to 
require, inter alia, that the Director of the Office of Proceedings 
determine whether a proposed rule will have a significant economic 
impact on a substantial number of small entities.\1\ If the Director 
determines that the rule will not have such an impact, the Director 
must issue a ``certification of no significant economic impact.'' This 
certification must include a statement explaining the factual basis for 
the certification.\2\
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    \1\ These revised procedures were effective on November 14, 
2002.
    \2\ If the Director determines that the rule may have a 
significant economic impact on a substantial number of small 
entities, the NPR must include an Initial Regulatory Flexibility 
Analysis (IRFA), and the final rule must include a Final Regulatory 
Flexibility Analysis (FRFA). These analyses, in general, describe 
the justification for the Board's action, any significant 
alternatives, any mitigating steps that have been or will be taken 
by the Board, the nature of the impact, and an estimate of the 
number of entities affected. See Implementation of the RFA, at 5-7.
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    In accordance with Board RFA procedures, I hereby certify that the 
proposed rule in this case will not have a significant economic impact 
on a substantial number of small entities. Rather, by eliminating the 
need for the requesting party to make a second filing, it will decrease 
filing costs and increase the efficiency of the regulatory process to 
the benefit of all filers, including small entities. Moreover, 
providing temporary trackage rights would not reduce competition. 
Temporary trackage rights could add service on a line and thereby 
improve service options or increase competition. Temporary trackage 
rights proposals that add no service on the line (e.g., overhead, or 
bridge, service) merely maintain the status quo among carriers and 
shippers on the line and thus would have no adverse effects for 
carriers or shippers.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. This certification will be published in the Federal Register.
    2. This certification will be served on the Chief Counsel for 
Advocacy, Office of Advocacy, U.S. Small Business Administration, 
Washington, DC 20416.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: January 31, 2003.
Vernon A. Williams,
Secretary.
[FR Doc. 03-3250 Filed 2-7-03; 8:45 am]
BILLING CODE 4915-00-P