[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Rules and Regulations]
[Pages 58365-58366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21798]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1039, 1101, 1105, 1150, 1185, and 1201

[STB Ex Parte No. 652]


Revision of Exemption Authority Citations.

AGENCY: Surface Transportation Board, Transportation.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (Board or STB) is amending 
its regulations to change incorrect citations to its authority to 
exempt rail transportation, and to update miscellaneous references. The 
Board is also making changes to its authority citations.

DATES: These rules are effective on September 30, 2004.

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

SUPPLEMENTARY INFORMATION: The ICC Termination Act of 1995, Public Law 
104-88, 109 Stat. 803 (ICCTA), recodified former 49 U.S.C. 10505 as 49 
U.S.C. 10502 with minor changes. This section deals with the authority 
of the Board to exempt railroad transportation. A number of the Board's 
regulations still refer to 49 U.S.C. 10505. Accordingly, the Board will 
correct those citations.
    Four rules refer to ``former 49 U.S.C. 10505''. See 49 CFR 
1185.1(b), 1185.5(b), 1300.1(d), and 1313.1(b). These citations to 
former section 10505 are appropriate and will not be changed. However, 
section 1185.5(b) refers ``to an exemption authorized by the STB under 
former 49 U.S.C. 10505.* * *'' The reference to the STB rather than the 
Interstate Commerce Commission (ICC) is incorrect; when the regulation 
was issued, it correctly stated ``ICC'' rather than ``STB''.\1\ 
Similarly, in section 1185.5(a) there is another instance where ``STB'' 
is incorrectly used in lieu of ``ICC'', this time in reference to 
former 49 U.S.C. 11343-44.\2\ The Board will change both references to 
read ``ICC''.
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    \1\ See Revision of Regulations for Interlocking Rail Officers, 
1 S.T.B. 1087, 1099 (1996).
    \2\ Id.
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    In section 1150.1(a), there is a reference to ``49 U.S.C. 11343''. 
ICCTA recodified former section 11343 as section 11323. Accordingly, 
that reference will be updated to read ``49 U.S.C. 11323''. References 
to outdated telephone numbers in section 1105.12 will also be removed.
    The authority citations in Part 1105 will be modified to more 
accurately reference the provisions that authorize agencies to comply 
with the Coastal Zone Management Act (16 U.S.C. 1451 et seq.) and the 
Endangered Species Act (16 U.S.C. 1531 et seq.). The new language will 
reference 16 U.S.C. 1456 and 1536, respectively, rather than 16 U.S.C. 
1451 (definitions) and 1531 (definitions and policy). Also, for 
clarity, the parenthetical to the reference to 49 U.S.C. 701 note 
(1995) will be modified to read ``(Savings Provisions)''.
    The Board is also revising certain authority citations that cite 
the Administrative Procedure Act (APA). APA references are being 
removed where ``the APA does not provide an independent basis of 
authority.''\3\
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    \3\ Revision of Authority Citations, 2 S.T.B. 622, 623 (1997) 
(footnote omitted).
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    Finally, the Board will not presently make corrections in two 
sections: 49 CFR 1039.17 and 1090.2. Section 1039.17 deals with the 
exemption of contracts for protective services. The regulations at 49 
CFR 1090.2 concern the exemption of rail and highway trailer-on-
flatcar/container-on-flatcar service. The Board will not here update 
references in these sections because more significant changes may have 
to be made to them. Thus, these changes will be considered in separate 
proceedings.
    Because these rule changes revise regulations to provide updated 
statutory references and make revisions that are not substantive, good 
cause is found to dispense with notice and comment. See 5 U.S.C. 
553(b)(B). Moreover, good cause is found for making these rules 
effective on less than 30 days' notice under 5 U.S.C. 553(d) to change 
the incorrect references as soon as possible.
    The Board certifies that these changes in 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 1039

    Agricultural commodities, Intermodal transportation, and Railroads.

49 CFR Part 1101

    Administrative practice and procedure.

49 CFR Part 1105

    Environmental Impact Statements, Reporting and recordkeeping 
requirements.

49 CFR Part 1150

    Administrative practice and procedure, Railroads.

49 CFR Part 1185

    Administrative practice and procedure, Antitrust, and Railroads.

49 CFR Part 1201

    Railroads, Uniform System of Accounts.

    Decided: September 24, 2004.

    By the Board, Chairman Nober, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Vernon A. Williams,
Secretary.

0
For the reasons set forth in the preamble, Parts 1039, 1101, 1105, 
1150, and 1185 of title 49, chapter X, of the Code of Federal 
Regulations are amended as follows:

PART 1039--EXEMPTIONS

0
1. The authority citation for Part 1039 is revised to read as follows:

    Authority: 49 U.S.C. 10502, 13301.


Sec.  1039.10  [Amended]

0
2. In Sec.  1039.10, remove the reference ``10505'' in the text 
following the table, and in its place add ``10502''.


Sec.  1039.20  [Amended]

0
3. In Sec.  1039.20, remove the reference ``10505'' and in its place 
add ``10502''.

PART 1101--DEFINITIONS AND CONSTRUCTION

0
4. The authority citation for Part 1101 continues to read as follows:

    Authority: 49 U.S.C. 721.


Sec.  1101.2  [Amended]

0
5. In Sec.  1101.2(e)(5) remove the reference ``10505'' and in its 
place add ``10502''.

PART 1105--PROCEDURES FOR IMPLEMENTATION OF ENVIRONMENTAL LAWS

0
6. The authority citation for Part 1105 is revised to read as follows:

    Authority: 16 U.S.C. 470f, 1456, and 1536; 42 U.S.C. 4332 and 
6362(b); and 49 U.S.C. 701 note (1995) (Savings Provisions), 721(a), 
10502, and 10903-10905.

[[Page 58366]]

Sec.  1105.7  [Amended]

0
7. In Sec.  1105.7(e)(5)(i)(C) and (e)(5)(ii)(C) remove the reference 
``10505'' and in its place add ``10502''.

Appendix to Sec.  1105.12 [Amended]

0
8. In the appendix to Sec.  1105.12, in the second sample newspaper 
notice remove the reference ``10505'' and in its place add ``10502'', 
and in both sample newspaper notices remove ``202-927-6211.'' and in 
its place add ``[INSERT TELEPHONE NUMBER].''

PART 1150--CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD 
LINES

0
9. The authority citation for Part 1150 is revised to read as follows:

    Authority: 49 U.S.C. 721(a), 10502, 10901, and 10902.


Sec.  1150.1  [Amended]

0
10. In Sec.  1150.1(a) remove the reference ``49 U.S.C. 11343'' and in 
its place add ``49 U.S.C. 11323'', and remove the reference ``10505'' 
and in its place add ``10502''.


Sec.  1150.32  [Amended]

0
11. In Sec.  1150.32(c) remove the reference ``10505(d)'' and in its 
place add ``10502(d)''.


Sec.  1150.34  [Amended]

0
12. In Sec.  1150.34 remove the reference ``10505(d)'' in the 
concluding paragraph, and in its place add ``10502(d)''.


Sec.  1150.35  [Amended]

0
13. In Sec.  1150.35(f) remove the reference ``10505(d)'' and in its 
place add ``10502(d)''.

PART 1185--INTERLOCKING OFFICERS

0
14. The authority citation for Part 1185 is revised to read as follows:

    Authority: 49 U.S.C. 721, 10502, and 11328.


Sec.  1185.5  [Amended]

0
15. In Sec.  1185.5(a) remove the first reference to ``STB'' and in its 
place add ``ICC'', and in paragraph (b) remove the first reference to 
``STB'' and in its place add ``ICC''.

PART 1201--RAILROAD COMPANIES

0
16. The authority citation for Part 1201 is revised to read as follows:

    Authority: 49 U.S.C. 11142 and 11164.

[FR Doc. 04-21798 Filed 9-29-04; 8:45 am]
BILLING CODE 4915-01-P