[Federal Register Volume 68, Number 37 (Tuesday, February 25, 2003)]
[Rules and Regulations]
[Pages 8725-8726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4300]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1011

[STB Ex Parte No. 642]


Revision of Delegation of Authority Regulations

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rules.

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SUMMARY: The Surface Transportation Board (Board) is revising its 
delegations of authority to authorize the Chairman to take necessary 
actions in emergency situations when the Chairman is the only Board 
member reasonably available, and, if no Board Member is available, 
delegates authority to take such actions to the Director of the Board's 
Office of Compliance and Enforcement (OCE).

EFFECTIVE DATE: These rules are effective on February 14, 2003.

FOR FURTHER INFORMATION CONTACT: Melvin F. Clemens, Jr., (202) 565-
1573. [Federal Information Relay Service (FIRS) for the hearing 
impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: The Board is revising its delegations of 
authority at 49 CFR 1011.4 to authorize the Chairman to take necessary 
actions in emergency situations when the Chairman is the only Board 
member reasonably available. The delegations of authority, which were 
most recently revised in Revision of Delegation of Authority 
Regulations, STB Ex Parte No. 588 (STB served Sept. 25, 2002), set out 
the organization of the Board and procedures in processing cases, 
certain litigation, and informal opinions. Among other things, they 
authorize the Chairman, Vice Chairman, and designated staff to perform 
certain functions that would otherwise be performed by the entire 
Board.
    The Board has broad economic regulatory responsibility over the 
railroad industry. Railroads play a vital role in the Nation's security 
and economic health. But the operations of rail carriers could be 
threatened or disrupted by terrorist activities or other public health 
or safety emergencies. Therefore, it is crucial that the Board develop 
procedures to ensure that the agency will be able to take necessary 
actions, within the scope of its authority, to address problems in the 
railroad industry in the event of emergencies.
    Among the statutory responsibilities vested with the Board is the 
ability to direct preference or priority to certain traffic during time 
of war or threatened war (49 U.S.C. 11124) and, more generally, to 
direct the handling, routing, and movement of rail traffic in emergency 
situations (49 U.S.C. 11123). In the event of a terrorist attack or 
other emergency, however, it is possible that only one agency member 
would be available to act on a matter at any given time. To address 
this contingency, the Board is amending its delegations of authority by 
adding two new provisions. Under the new regulations, the Board is 
delegating to the Chairman the authority to take necessary actions if 
the other members are unavailable in the event of an emergency. 
Pursuant to the existing regulation at 49 CFR 1011.3(a)(3), that 
authority passes to the Vice Chairman if the Chairman is unavailable, 
and to the remaining Member if both the Chairman and the Vice Chairman 
are unavailable. The Board is also revising its delegations of 
authority at 49 CFR 1011.7, so that the Director of OCE would have the 
authority to issue orders under 49 U.S.C. 11123 and 11124 if no Board 
Member is available.
    Because these changes relate primarily to rules of agency 
organization, procedure, or practice, and because advance notice and 
opportunity for public comment on the matter would be impracticable 
given the circumstances prevailing today, we find good cause to 
dispense with such notice and comment. See 5 U.S.C. 553(b)(B). 
Moreover, we find good cause for making these rules effective on less 
than 30 days' notice under 5 U.S.C. 553(d), so that these changes will 
become effective on February 14, 2003.

[[Page 8726]]

    Copies of the Board's decision may be purchased from Da-2-Da Legal 
Copy Service by calling 202-293-7776 (assistance for the hearing 
impaired is available through FIRS at 1-800-877-8339) or visiting Suite 
405, 1925 K Street, NW., Washington, DC 20006.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

Regulatory Flexibility Act Certification

    In accordance with Board procedures adopted in Implementation of 
the Regulatory Flexibility Act, STB Administrative Matter No. 3, STB 
Issuance No. 52 (STB served Nov. 8, 2002), the Board certifies that the 
amended rule adopted in this case will not have a significant economic 
impact on a substantial number of small entities. The amended 
delegations of authority relate primarily to rules of agency 
organization, procedure, or practice, and are designed simply to ensure 
continuity in carrying out necessary functions in the event of an 
emergency.

List of Subjects in 49 CFR Part 1011

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

    Decided: February 14, 2003.

    By the Board, Chairman Nober, Vice Chairman Burkes, and 
Commissioner Morgan.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, the Surface 
Transportation Board amends part 1011 of title 49, chapter X, of the 
Code of Federal Regulations as follows:

PART 1011--BOARD ORGANIZATION; DELEGATIONS OF AUTHORITY

    1. The authority citation for part 1011 is revised 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.


    2. Amend Sec.  1011.4 by adding a new paragraph (a)(9) to read as 
follows:


Sec.  1011.4  Delegations to individual Board Members.

    (a) * * *
    (9) Authority to act alone to take necessary actions in emergency 
situations when the Chairman is the only Board member reasonably 
available.
* * * * *

    3. Amend Sec.  1011.7 by adding a new paragraph (c)(5) to read as 
follows:


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

* * * * *
    (c) * * *
    (5) Issue orders by the Director in an emergency under 49 U.S.C. 
11123 and 11124 if no Board Member is reasonably available.

[FR Doc. 03-4300 Filed 2-24-03; 8:45 am]
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