[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Rules and Regulations]
[Pages 12805-12806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6086]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1115 and 1130

[STB Ex Parte No. 650]


Revision of Appellate Procedures and Informal Complaints 
Regulations

AGENCY: Surface Transportation Board, Transportation.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board is amending the appellate 
procedures and informal complaints regulations to change incorrect 
citations.

EFFECTIVE DATE: These rules are effective on March 12, 2004.

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

SUPPLEMENTARY INFORMATION: In Revision of Delegation of Authority 
Regulations, STB Ex Parte No. 588 (STB served Sept. 25, 2002), the 
Board revised the delegation of authority regulations at 49 CFR Part 
1011. As relevant here, the Board renumbered Sec.  1011.7, Delegations 
of authority by the Chairman, as 49 CFR 1011.6. This renumbering 
resulted in an incorrect reference in the Appellate Procedures rules at 
49 CFR 1115.1(c): ``Appeals from the decisions of employees acting 
under authority delegated to them by the Chairman of the Board pursuant 
to Sec.  1011.7 will be acted upon by the entire Board.'' The reference 
to Sec.  1011.7 will be changed to Sec.  1011.6, which is now the 
section for delegations of authority by the Chairman.\1\
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    \1\ Section 1011.7 is now the section for ``[d]elegations of 
authority by the Board to specific offices of the Board.''
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    The Board's informal complaints regulations at 49 CFR 1130.1, state 
that an informal complaint shall ``contain the essential components of 
a formal complaint as specified at 49 CFR 1131.1. * * *'' The Board, 
however, removed Part 1131, dealing with, among other things, formal 
rate complaints, in Removal of Miscellaneous Obsolete Regulations, 2 
S.T.B. 645 (1997). The Board noted in removing Part 1131 that it was 
unnecessary to keep these rules because there already existed, at 49 
CFR part 1111, regulations applicable to rate and non-rate complaint 
cases. 2 S.T.B. at 647. Section 1111.1(a) contains the substance of the 
rules found at former 49 CFR 1131.1, except that Sec.  1111.1(a) does 
not contain a reference to requests for oral hearing. Accordingly, the 
Board will correct the citation in 49 CFR 1130.1(a) to read ``49 CFR 
1111.1(a)''.
    Because these rule changes relate solely to the rules of agency 
practice and procedure, they will be issued as final rules without 
requesting public comment. See 5 U.S.C. 553(b)(A). Moreover, good cause 
is found for making these rules effective on less than 30 days' notice 
under 5 U.S.C. 553(d) in order to change the incorrect references as 
soon as possible.
    The Board certifies that the rules 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

49 CFR Part 1115

    Administrative practice and procedure.

49 CFR Part 1130

    Administrative practice and procedure.

    Decided: March 12, 2004.

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

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For the reasons set forth in the preamble, Parts 1115 and 1130, of 
title 49, chapter X, of the Code of Federal Regulations are amended as 
follows:

[[Page 12806]]

PART 1115--APPELLATE PROCEDURES

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1. The authority citation for Part 1115 continues to read as follows:

    Authority: 5 U.S.C. 559; 49 U.S.C. 721.


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2. In Sec.  1115.1(c), remove the citation ``Sec.  1011.7'' and in its 
place add ``Sec.  1011.6''.

PART 1130--INFORMAL COMPLAINTS

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3. The authority citation for Part 1130 continues to read as follows:

    Authority: 49 U.S.C. 721, 13301(f), and 14709.

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4. In Sec.  1130.1(a), remove the citation ``49 CFR 1131.1'' and in its 
place add ``49 CFR 1111.1(a)''.

[FR Doc. 04-6086 Filed 3-17-04; 8:45 am]
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