[Federal Register Volume 68, Number 169 (Tuesday, September 2, 2003)]
[Proposed Rules]
[Pages 52168-52169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22292]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1152

[STB Ex Parte No. 537 (Sub-No. 1)]


Public Participation in Railroad Abandonment Proceedings

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Surface Transportation Board (Board) is proposing to amend 
its regulations concerning the service of a notice of intent to abandon 
or discontinue rail service by removing an obsolete reference to a 
labor organization and making technical changes.

DATES: Comments are due October 2, 2003.

ADDRESSES: Send an original and 10 copies of comments referring to 
``STB Ex Parte No. 537 (Sub-No. 1)'' to: Surface Transportation Board, 
1925 K Street, NW., Washington, DC 20423-0001.

FOR FURTHER INFORMATION CONTACT: John Sado, (202) 565-1661. [Federal 
Information Relay Service for the hearing impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: The regulations at 49 CFR 1152.20(a)(2) 
provide that applicants seeking to abandon or discontinue rail service 
must serve their notices of intent on certain interested parties, 
including, under section 1152.20(a)(2)(xi), ``[t]he headquarters of the 
Railroad Labor

[[Page 52169]]

Executives' Association'' (RLEA). It is the Board's understanding that 
RLEA no longer exists, and it is proposed that section 
1150.20(a)(2)(xi) be removed. The regulations, however, still provide 
labor interests with notice of proposed abandonments or 
discontinuances, because current section 1150.20(a)(2)(xiii) requires 
service on ``[t]he headquarters of all duly certified labor 
organizations that represent employees on the affected rail line.'' \1\ 
This paragraph also contains language that should be moved for clarity: 
``For the purposes of this subsection `directly affected states' are 
those in which any part of the line sought to be abandoned is 
located.'' This language would be more appropriate in section 
1150.20(a)(2)(ii), and the Board proposes to move the substance of that 
language to that location. Finally, we propose to redesignate sections 
1150.20(a)(2)(xii) and (xiii) as sections 1150.20(a)(2)(xi) and (xii), 
respectively.
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    \1\ Similar language for giving notice to labor representatives 
is found at sections 1121.4(h), 1150.32(e), 1150.35(c)(3), 
1150.42(e), 1150.45(c)(3) and 1151.2(a)(6) concerning acquisition or 
operation of rail lines or feeder line applications.
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    The Board certifies that the proposed rule will not have a 
significant economic impact on a substantial number of small entities, 
because the rule simply removes an obsolete reference and makes 
technical changes. The Board seeks comments on all matters raised by 
this notice.
    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 1152

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

    Decided: August 25, 2003.

    By the Board, Chairman Nober.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, the Surface 
Transportation Board proposes to amend part 1152, of title 49, chapter 
X, of the Code of Federal Regulations as follows:

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

    1. 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.

    2. Section 1152.20 is amended by removing paragraph (a)(2)(xi) and 
redesignating paragraphs(a)(2)(xii) and (xiii) as paragraphs 
1150.20(a)(2)(xi) and (xii), respectively.
    3. Revise Sec.  1150.20(a)(2)(ii) and newly redesignated Sec.  
1150.20(a)(2)(xii) to read as follows:
    Sec.  1152.20 Notice of intent to abandon or discontinue service.
    (a) * * *
    (2) * * *
    (ii) The Governor (by certified mail) of each state directly 
affected by the abandonment or discontinuance (for the purposes of this 
paragraph (a)(2) ``states directly affected'' are those in which any 
part of the line sought to be abandoned is located);
* * * * *
    (xii) The headquarters of all duly certified labor organizations 
that represent employees on the affected rail line.
* * * * *
[FR Doc. 03-22292 Filed 8-29-03; 8:45 am]
BILLING CODE 4915-00-P