[Federal Register Volume 68, Number 233 (Thursday, December 4, 2003)]
[Rules and Regulations]
[Pages 67809-67810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29810]


=======================================================================
-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Surface Transportation Board (Board) is amending 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.

EFFECTIVE DATE: This rule is effective January 3, 2004.

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

SUPPLEMENTARY INFORMATION: On September 2, 2003 at 68 FR 52168, the 
Board published a notice of proposed rulemaking (NPR) in this 
proceeding seeking comments on the Board's proposed removal of an 
obsolete reference and technical changes.\1\ As noted in the NPR, 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 
Executives' Association'' (RLEA). Because it was the Board's 
understanding that RLEA no longer existed, it was proposed that section 
1152.20(a)(2)(xi) be removed. The NPR noted that the regulations still 
provide labor interests with notice of proposed abandonments or 
discontinuances, because current section 1152.20(a)(2)(xiii) requires 
service on ``[t]he headquarters of all duly certified labor 
organizations that represent employees on the affected rail line.'' \2\
---------------------------------------------------------------------------

    \1\ Comment was also sought on the certification that the 
proposed rule would not have a significant impact on a substantial 
number of small entities.
    \2\ 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.
---------------------------------------------------------------------------

    The NPR also indicated that paragraph 1152.20(a)(2)(xiii) 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 1152.20(a)(2)(ii), and the Board proposed 
to move the substance of that language there. Finally, NPR proposed to 
redesignate sections 1152.20(a)(2)(xii) and (xiii) as sections 
1152.20(a)(2)(xi) and (xii), respectively.
    No comments were filed in response to the NPR. Accordingly, the 
obsolete reference will be removed and the technical changes will be 
made.
    The Board certifies that the proposed rule will not have a 
significant impact on a substantial number of small entities. 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: November 24, 2003.
By the Board, Chairman Nober.
Vernon A. Williams,
Secretary.

0
For the reasons set forth in the preamble, the Surface Transportation 
Board amends part 1152, of title 49, chapter X, of the Code of Federal 
Regulations as follows:

[[Page 67810]]

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

0
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.

0
2. Sec.  1152.20 is amended by removing paragraph (a)(2)(xi) and 
redesignating paragraphs (a)(2)(xii) and (xiii) as paragraphs 
1152.20(a)(2)(xi) and (xii), respectively.

0
3. Revise Sec.  1152.20(a)(2)(ii) and newly redesignated Sec.  
1152.20(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 section ``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. 03-29810 Filed 12-3-03; 8:45 am]
BILLING CODE 4915-00-P