[Federal Register Volume 68, Number 100 (Friday, May 23, 2003)]
[Rules and Regulations]
[Pages 28139-28140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12449]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1180

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


Railroad Consolidation Procedures--Exemption For Temporary 
Trackage Rights

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (Board) amends its rules to 
exempt from regulation, under 49 U.S.C. 10502, as a class, 
authorization of temporary trackage rights proposals under 49 U.S.C. 
11323 that are based on written agreements, are not filed or sought in 
responsive applications in rail consolidation proceedings, are limited 
to overhead operations, and expire on a date certain. This class 
exemption would permit authorization of temporary trackage rights for a 
limited period of time, not to exceed 1 year from the effective date of 
the exemption. It would also permit termination of such rights without 
the need to file for discontinuance authority at the end of the 
authorization period, as the authority would automatically terminate on 
the date specified. Carriers taking advantage of this class exemption 
are subject to the standard provisions for the protection of employees. 
The exemption automatically removes these transactions from regulatory 
oversight and simplifies and expedites the process for commencing 
temporary trackage rights operations. The regulations at 49 CFR Part 
1180 are amended, as set forth in the Appendix, to implement this 
action.

[[Page 28140]]


DATES: This rule is effective on June 22, 2003.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
[Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.]

SUPPLEMENTARY INFORMATION: The rules adopted here were initially 
proposed in the Federal Register at 68 FR 6695, on February 10, 2003. 
Additional information is contained in the Board's decision. 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.
    By a separate decision served on February 10, 2003, in these 
proceedings, the Director of the Office of Proceedings has certified 
that this rule would not have a significant impact on a substantial 
number of small entities. The Board has received no public comment 
disputing the certification.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1180

    Administrative practice and procedure, Railroads.

    Authority: 49 U.S.C. 10502(b) and 5 U.S.C. 553.

    Decided: May 9, 2003.

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

0
For the reasons set forth in the preamble, the Surface Transportation 
Board amends part 1180 of title 49, chapter X, of the Code of Federal 
Regulations as follows:

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

0
1. 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, and 11323-11325.


0
2. Amend Sec.  1180.2 by revising the first sentence of paragraph (d) 
introductory text and by adding a new paragraph (d)(8) to read as 
follows:


Sec.  1180.2  Types of transactions.

* * * * *
    (d) A transaction is exempt if it is within one of the eight 
categories described in paragraphs (d)(1) through (8). * * *
* * * * *
    (8) Acquisition of temporary trackage rights by a rail carrier over 
lines owned or operated by any other rail carrier or carriers that are: 
(i) based on written agreements, (ii) not filed or sought in responsive 
applications in rail consolidation proceedings, (iii) for overhead 
operations only, and (iv) scheduled to expire on a specific date not to 
exceed 1 year from the effective date of the exemption. If the 
operations contemplated by the exemption will not be concluded within 
the 1-year period, the parties may, prior to expiration of the period, 
file a request for a renewal of the temporary rights for an additional 
period of up to 1 year, including the reason(s) therefor. Rail carriers 
acquiring temporary trackage rights need not seek authority from the 
Board to discontinue the trackage rights as of the expiration date 
specified under 49 CFR 1180.4(g)(2)(iii). All transactions under these 
rules will be subject to applicable statutory labor protective 
conditions.

0
3. Amend Sec.  1180.4 by adding new paragraphs (g)(2)(iii) and (iv) to 
read as follows:


Sec.  1180.4  Procedures.

* * * * *
    (g) * * *
    (2) * * *
    (iii) 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]
Secretary.

    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).
    (iv) The Board will publish the caption summary in the Federal 
Register within 20 days of the date that it is filed with the Board. 
The filing of a petition to revoke under 49 U.S.C. 10502(d) does not 
stay the effectiveness of an exemption.
* * * * *
[FR Doc. 03-12449 Filed 5-22-03; 8:45 am]
BILLING CODE 4915-00-P