[Federal Register Volume 74, Number 198 (Thursday, October 15, 2009)]
[Rules and Regulations]
[Pages 52900-52912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24674]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1001, 1002, 1003, 1007, 1011, 1012, 1016, 1100, 1102, 
1103, 1104, 1105, 1109, 1110, 1113, 1114, 1116, 1118, 1132, 1139, 
1150, 1152, 1177, 1180, 1240, 1241, 1242, 1243, 1245, 1246, 1248, 
1253, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267 and 1269

[STB Ex Parte No. 685]


Removal of Delegations of Authority to Secretary

AGENCY: Surface Transportation Board.

ACTION: Final rules.

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SUMMARY: The Surface Transportation Board (Board or STB) amends its 
regulations by eliminating the Secretary of the Board, reassigning the 
delegations of authority from the Secretary to other Offices of the 
Board, and making additional updates to eliminate incorrect or obsolete 
references. Because these administrative final rules amend internal 
agency practice and procedure, this action is exempt from the usual 
requirement for notice and an opportunity for public comment under 5 
U.S.C. 553(b)(A) of the Administrative Procedure Act.

DATES: These rules are effective on November 16, 2009.

ADDRESSES: Information or questions regarding this final rule should 
reference STB Ex Parte No. 685 and be in writing addressed to: Chief, 
Section of Administration, Office of Proceedings, Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.

FOR FURTHER INFORMATION CONTACT: Cynthia T. Brown at (202) 245-0350. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: The Board is revising its regulations to 
eliminate the Secretary of the Board, to reassign the delegations of 
authority from the Secretary to other Board Offices, and to make 
additional updates to eliminate incorrect or obsolete references. The 
regulations at 49 CFR part 1011, which provide the delegations of 
authority by the Board, and all other rules affected by the removal of 
delegations of authority from the Secretary will be revised to reflect 
the change in delegations and other updates. The Secretary is being 
eliminated to increase efficiency within the Board. The duties of the 
Secretary will be transferred to other Offices within the Board. These 
rules set out the new delegations and procedures for processing cases, 
appeals, and inquiries from the public.

49 CFR 1001.1, Records Available From the Board and 49 CFR 1001.2, 
Certified Copies of Records

    In sections 1001.1(a) and 1001.2, which concern availability of 
Board records and certification of record copies, the Board removes the 
references to the Secretary. In section 1001.1(a), the Board changes 
the reference from Secretary to Records Officer, the new custodian of 
records for the Board. In section 1001.2, the Board changes the 
reference from the Secretary to the Records Officer, to reflect the 
Records Officer's new responsibility for certifying copies of records.

49 CFR 1002.1, Fees for Records Search, Review, Copying, Certification, 
and Related Services

    Sections 1002.1(a), (g)(14)(vi), and (i). The Board changes the 
references from the Secretary in sections 1002.1(a) and (i), which 
concern fees for records certification, records copying, and transcript 
purchases, to the Records Officer. Sections 1002.1(g)(14)(vi) and (i) 
will be updated to add the 4-digit code provided by the United States 
Postal Service to the postal ZIP code for the Board's office.
    Section 1002.1(e). This section concerns fees for courier services. 
The position of Information Officer no longer exists, so the reference 
will be changed to the Records Officer. Fees for courier service can be 
obtained from the Records Officer or the Board's Web site.
    Sections 1002.1(f), (f)(1), and (g)(8). These sections, which 
concern fees for search and copying services requiring computer 
processing and for records not considered public under the Freedom of 
Information Act, will be revised to remove the outdated term ``ADP'' 
and replace it with the term ``computer.''

49 CFR 1002.2, Filing Fees

    Section 1002.2(a)(3). This section, which identifies a Board 
designee to receive payment of filing fees, will be revised to remove 
the reference to the Secretary. Routine business practices require only 
that the fees be payable to the Surface Transportation Board. We will 
not require additional specificity.
    Section 1002.2(e)(2)(i) and (e)(2)(iii). These sections concern 
requests for waiver or reduction of fees prescribed in section 
1002.2(f) and notification of the Board's action on such requests. The 
reference to the Secretary in section 1002.2(e)(2)(i) will be changed 
to ``Chief, Section of Administration,

[[Page 52901]]

Office of Proceedings, Surface Transportation Board'' and in section 
1002.2(e)(2)(iii) to ``Chief, Section of Administration, Office of 
Proceedings, Surface Transportation Board.''

49 CFR 1003.1, General Information

    In section 1003.1, which provides instruction for obtaining 
prescribed forms except insurance forms, the Board removes the 
reference to the Office of the Secretary and inserts a reference to the 
Office of Public Assistance, Governmental Affairs, and Compliance.

49 CFR 1007.3, Requests by an Individual for Information or Access and 
49 CFR 1007.6, Disclosure to Third Parties

    These sections, which concern requests by individuals for 
information and disclosure to third parties by the Board, will be 
updated to reflect the Board's current United States Postal Service 
mailing address.

49 CFR 1011.3, The Chairman, Vice Chairman, and Board Member

    Section 1011.3(c)(1) refers to the Secretary as one of the 
designees for recording legally required votes and official acts of the 
Board. This reference will be changed to Clearance Clerk.

49 CFR 1011.6, Delegations of Authority by the Chairman

    Sections 49 CFR 1011.6(c)(3), (d), and (g). These sections identify 
delegations of authority to the Secretary. Under section 1011.6(c)(3), 
the Secretary has authority to dispose of routine procedural matters 
under modified procedure not assigned to an administrative law judge or 
Board Member and, unless otherwise ordered by the Chairman or by a 
majority of the Board in individual proceedings, authority to decide 
whether complaint proceedings shall be assigned for oral hearing or 
handled under modified procedure. Section 1011.6(d) provides for the 
authority of the Secretary to dismiss a complaint or application at the 
request of the complainant or applicant. In section 1011.6(g), the 
Secretary has authority to sign and transmit to the Small Business 
Administration certifications of no significant economic impact on a 
substantial number of small entities for proposed rules that might be 
adopted by the Board and findings regarding waiver of initial 
regulatory flexibility analysis or delay of initial or final regulatory 
flexibility analyses, under the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq. We are removing all references to the Secretary in these 
sections and delegating the authorities stated in these sections to the 
Director of the Office of Proceedings.

49 CFR 1011.7, Delegations of Authority by the Board to Specific 
Offices of the Board

    Sections 49 CFR 1011.7(a), (b), and (c). These sections identify 
delegations of authority to specific offices of the Board. Because 
there is no longer an Office of the Secretary, the heading in the 
regulations for the Secretary (section 1011.7(a)) will be deleted and 
replaced with Office of Proceedings. All other references to the 
Secretary in section 1011.7(a) will be changed to the Director of the 
Office of Proceedings. The section will read: ``(a) Office of 
Proceedings. (1) The Director of the Office of Proceedings is delegated 
the following authority: * * * .'' Sections 1011.7(a)(1) and (a)(2) 
will be renumbered to sections 1011.7(a)(1)(i) and (a)(1)(ii), 
respectively. In section 1011.7(a), the cross-reference to paragraph 
(c)(2) will be updated to (b)(2) (to reflect the change that will be 
adopted below) and the 4-digit code provided by the United States 
Postal Service will be added to the postal ZIP code for the Board's 
office.
    There is no longer an Office of Compliance and Enforcement so the 
references to that Office also will be deleted and replaced with the 
Office of Public Assistance, Governmental Affairs, and Compliance in 
sections 1011.7(a) and (c). Accordingly, the reference to the Chief, 
Section of Tariffs, Office of Compliance and Enforcement in section 
1011.7(c) will be deleted. The reference to the Office of Proceedings 
in the heading to section 1011.7(b) will be deleted. Section 1011.7(b) 
will be renumbered as section 1011.7(2) and will read: ``(2) In 
addition to the authority delegated * * * .'' The remainder of section 
1011.7(b) will be renumbered appropriately and the cross-reference to 
49 CFR 1011.6(h) will be updated to reflect 49 CFR 1011.6(c)(3), (d), 
(g), and (h), to include the new delegations of authority announced in 
this decision. In section 1011.7(b)(16), the Board changes the 
reference from ``The Burlington Northern and Santa Fe'' to ``BNSF.'' 
Section 1011.7(c) will be renumbered as section 1011.7(b).\1\
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    \1\ Unless otherwise noted, the references in this decision to 
49 CFR part 1011 will be to the sections of that part as numbered 
prior to the changes we are adopting in this decision.
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49 CFR 1012.1, General Provisions, 49 CFR 1012.3, Public Notice, and 49 
CFR 1016.311, Payment of Award

    Section 49 CFR 1012.1. Section 1012.1(c) refers to written requests 
for copies of the votes or statements of position of Board Members 
eligible to participate in action taken by notation voting. The 
reference to the Secretary of the Board will be deleted and replaced 
with Records Officer.
    Section 49 CFR 1012.3. This section refers to public notice of the 
scheduling of a Board meeting. The reference to the Secretary in 
section 1012.3(a) will be changed to Clearance Clerk.
    Section 49 CFR 1016.311. This section refers to an applicant's 
submission of an award granted against the Board. The reference to the 
Secretary in this section will be changed to ``Chief, Section of 
Financial Services.''

49 CFR Parts 1100-1269

    Our decision requires minor changes to 49 CFR parts 1100-1269, 
which contain provisions for conducting proceedings and procedures for 
how the public shall communicate with the Board when submitting 
documents and requesting reports.\2\ In most instances, we remove 
references to the Office of the Secretary or Secretary and insert 
references to the Office of Proceedings, its Director, or its Chief of 
the Section of Administration.\3\ These additions to the delegations of 
authority to the Director of the Office of Proceedings will appear at 
49 CFR 1011.6 and 1011.7.
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    \2\ The affected sections shall include 49 CFR parts 1100, 1102, 
1103, 1104, 1105, 1109, 1110, 1113, 1114, 1116, 1118, 1132, 1139, 
1150, 1152, 1177, 1180, 1240, 1241, 1242, 1243, 1245, 1246, 1248, 
1253, and 1260-1269.
    \3\ Sections revised to insert references to the Office of 
Proceedings or its Director shall include 49 CFR 1109.1, 1110.7, 
1113.2, 1113.17, 1114.24, 1114.31, and 1180.4.
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    In the sections revised to insert references to the Chief of the 
Section of Administration we update references to the Secretary to 
reflect our decision that the Chief of the Section of Administration 
will be the contact for all Board filings.\4\ Unless otherwise noted in 
the regulations, proceeding and recordation related correspondence to 
the Board should be addressed to the Chief of the Section of 
Administration.
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    \4\ Sections revised to insert references to the Chief of the 
Section of Administration shall include 49 CFR 1102.1, 1102.2, 
1103.4, 1104.1, 1105.12, 1109.1, 1110.2-.3, 1110.9, 1113.2, 1116.1, 
1118.3, 1132.1, 1139.7, 1139.25, 1150.10, 1152.21-.22, 1152.24-.25, 
1152.27, 1152.29, 1177.2-.4, 1180.4, and 1253.20.
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    In some instances, the change in these sections will be to delete 
references to the Secretary and insert a reference to the Office of 
Public Assistance, Governmental Affairs, and Compliance, or to its 
Director.\5\ These updated

[[Page 52902]]

references reflect our decision that public inquiries concerning the 
regulations, offers of financial assistance, public use or trails, and 
the availability of published notices, and requests for non-attorneys 
to practice before the Board should be directed to the Office of Public 
Assistance, Governmental Affairs, and Compliance. In parts 1240-1269, 
the references to the Secretary concerning availability of report forms 
will be deleted and replaced with the Office of Economics, 
Environmental Analysis, and Administration.
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    \5\ The affected sections shall include 49 CFR 1100.4, 1103.3, 
1105.12, and 1110.3.
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    We also make the following technical changes. In section 
1150.10(b), the cross-reference 49 CFR 1002.2(f)(33) is noted as 
reserved; we will revise the cross-reference to 49 CFR 1002.2(f). In 
section 49 CFR 1152.25(e) the Board updates the cross-reference from 49 
CFR 1011.8(c)(4) and (5) to 49 CFR 1011.7(a)(2)(iv) and (v) to reflect 
the changes made in this decision. In section 49 CFR 1152.27(e)(1) and 
(e)(2) the out-of-date reference to section 1011.8 (concerning 
delegation of authority) will be updated to section 1011.7(a). In 
section 1180.4, the reference to James H. Bayne will be deleted. In 49 
CFR parts 1100-1269, we also update the Board's address and add the 4-
digit code provided by the United States Postal Service to the postal 
ZIP code for the Board's office, as necessary.\6\
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    \6\ The affected sections shall include 49 CFR 1102.1, 1104.1, 
1105.12, 1110.2, 1110.9, 1116.1, 1118.3, 1139.7, 1139.25, 
1152.21-.22, 1152.24-.25, 1152.27, 1177.2, 1180.4, and 49 CFR parts 
1260-1269.
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    Because these changes relate solely to the rules of agency 
practice, procedure, and organization, they will be issued as final 
rules without requesting public comment. See 5 U.S.C. 553(b)(A).
    The Board certifies that these rule changes will not have a 
significant economic effect on a substantial number of small entities. 
The changes being made pertain to agency management, personnel, and 
procedure, and should have no impact on 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 1001

    Administrative practice and procedure, Confidential business 
information, and Freedom of information.

49 CFR Parts 1002 and 1003

    Administrative practice and procedure, Common carriers, and Freedom 
of information.

49 CFR Part 1007

    Privacy.

49 CFR Part 1011

    Administrative practice and procedure, Authority delegations 
(Government agencies), and Organization and functions (Government 
agencies).

49 CFR Part 1012

    Sunshine Act.

49 CFR Part 1016

    Claims, Equal access to justice, and Lawyers.

49 CFR Parts 1100, 1102, 1103, and 1104

    Administrative practice and procedure.

49 CFR Part 1105

    Environmental impact statements, Reporting and recordkeeping 
requirements.

49 CFR Part 1109

    Administrative practice and procedure, Maritime carriers, Motor 
carriers, and Railroads.

49 CFR Parts 1110, 1113, 1114, 1116, 1118, and 1132

    Administrative practice and procedure.

49 CFR Part 1139

    Administrative practice and procedure, Buses, Freight, Motor 
carriers, and Reporting and recordkeeping requirements.

49 CFR Part 1150

    Administrative practice and procedure, and Railroads.

49 CFR Part 1152

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

49 CFR Part 1177

    Administrative practice and procedure, Archives and records, 
Maritime carriers, and Railroads.

49 CFR Part 1180

    Administrative practice and procedure, Railroads, and Reporting and 
recordkeeping requirements.

49 CFR Parts 1240, 1241, and 1243

    Railroads and Recordkeeping requirements.

49 CFR Part 1242

    Railroads, Taxes.

49 CFR Part 1245

    Railroad employees, Reporting and recordkeeping requirements, and 
Wages.

49 CFR Part 1246

    Railroad employees, Reporting and recordkeeping requirements.

49 CFR Part 1248

    Freight, Railroads, Reporting and recordkeeping requirements, and 
Statistics.

49 CFR Part 1253

    Freight forwarders, Maritime carriers, Motor carriers, Pipelines, 
Railroads, and Reporting and recordkeeping requirements.

49 CFR Part 1260-1269

    Valuation.
    It is ordered:
    1. The final rules set forth in the Appendix to this decision are 
adopted. Notice of the rules adopted here will be published in the 
Federal Register.
    2. This decision is effective on November 16, 2009.

    Decided: October 5, 2009.

    By the Board, Chairman Elliott, Vice Chairman Nottingham, and 
Commissioner Mulvey.
Kulunie L. Cannon,
Clearance Clerk.

APPENDIX

Code of Federal Regulations

0
For the reasons set forth in the preamble, the Surface Transportation 
Board amends parts 1001 through 1003, 1007, 1011, 1012, 1016, 1100, 
1102 through 1105, 1109, 1110, 1113, 1114, 1116, 1118, 1132, 1139, 
1150, 1152, 1177, 1180, 1240 through 1243, 1245, 1246, 1248, 1253, and 
1260-1269 of title 49, chapter X, of the Code of Federal Regulations as 
follows:

PART 1001--INSPECTION OF RECORDS

0
1. The authority citation for part 1001 continues to read as follows:


    Authority:  5 U.S.C. 552, 49 U.S.C. 702, and 49 U.S.C. 721.


0
2. Amend Sec.  1001.1 by revising paragraph (a) introductory text to 
read as follows:

[[Page 52903]]

Sec.  1001.1  Records available from the Board.

    (a) The following specific files and records in the custody of the 
Records Officer of the Surface Transportation Board are available to 
the public and may be inspected at the Board's office upon reasonable 
request during business hours (between 8:30 a.m. and 5 p.m., Monday 
through Friday):
* * * * *

0
3. Revise Sec.  1001.2 to read as follows:


Sec.  1001.2  Certified copies of records.

    Copies of and extracts from public records will be certified by the 
Records Officer. Persons requesting the Board to prepare such copies 
should clearly state the material to be copied, and whether it shall be 
certified. Charges will be made for certification and for the 
preparation of copies as provided in part 1002 of this chapter.

PART 1002--FEES

0
4. The authority citation for part 1002 continues to read as follows:

    Authority:  5 U.S.C. 552(a)(4)(A) and 553; 31 U.S.C. 9701; and 
49 U.S.C. 721. Section 1002.1(g)(11) also issued under 5 U.S.C. 5514 
and 31 U.S.C. 3717.


0
5. Amend Sec.  1002.1 by revising paragraphs (a), (e), (f) introductory 
text, (f)(1), (g)(8), (g)(14)(vi), and (i) to read as follows:


Sec.  1002.1  Fees for records search, review, copying, certification, 
and related services.

* * * * *
    (a) Certificate of the Records Officer, $17.00.
* * * * *
    (e) Fees for courier services to transport agency records to 
provide on-site access to agency records stored off-site will be set at 
the rates set forth in the Board's agreement with its courier service 
provider. Rate information is available on the Board's Web site (http://www.stb.dot.gov) or can be obtained from the Board's Records Officer, 
Room 1200, Surface Transportation Board, Washington, DC 20423-0001.
    (f) The fee for search and copying services requiring computer 
processing are as follows:
    (1) A fee of $66.00 per hour for professional staff time will be 
charged when it is required to fulfill a request for computer data.
* * * * *
    (g) * * *
    (8) The fees for computer data are set forth in paragraph (f) of 
this section.
* * * * *
    (14) * * *
    (vi) The primary interest in disclosure: Whether the magnitude of 
the identified commercial interest of the requester is sufficiently 
large, in comparison with the public interest in disclosure, that 
disclosure is ``primarily in the commercial interest of the 
requester.'' This fee waiver and reduction provision will be 
implemented in accordance with guidelines issued by the U.S. Department 
of Justice on April 2, 1987 and entitled ``New FOIA Fee Waiver Policy 
Guidance.'' A copy of these guidelines may be inspected or obtained 
from the Surface Transportation Board's Freedom of Information Office, 
Washington, DC 20423-0001.
* * * * *
    (i) Transcript of testimony and of oral argument, or extracts 
therefrom, may be purchased by the public from the Board's official 
reporter. For information regarding the official reporter, contact the 
Records Officer, Surface Transportation Board, Washington, DC 20423-
0001.

0
6. Amend Sec.  1002.2 by revising paragraphs (a)(3) and (e)(2)(i) and 
(iii) to read as follows:


Sec.  1002.2  Filing fees.

    (a) * * *
    (3) Fees will be payable to the Surface Transportation Board, by 
check payable in United States currency drawn upon funds deposited in a 
United States or foreign bank or other financial institution, money 
order payable in United States currency, or by credit card.
* * * * *
    (e) * * *
    (2) * * *
    (i) When to request. At the time that a filing is submitted to the 
Board the applicant may request a waiver or reduction of the fee 
prescribed in this part. Such request should be addressed to the Chief, 
Section of Administration, Office of Proceedings, Surface 
Transportation Board.
* * * * *
    (iii) Board action. The Chief, Section of Administration, Office of 
Proceedings, Surface Transportation Board will notify the applicant of 
the decision to grant or deny the request for waiver or reduction.
* * * * *

PART 1003--FORMS

0
7. The authority citation for part 1003 continues to read as follows:

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

0
8. Amend Sec.  1003.1 by revising paragraph (c) to read as follows:


Sec.  1003.1  General information.

* * * * *
    (c) Copies of all prescribed forms except insurance forms are 
available upon request from the Office of Public Assistance, 
Governmental Affairs, and Compliance, Surface Transportation Board, 
Washington, DC 20423.

PART 1007--RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS

0
9. The authority citation for part 1007 continues to read as follows:

    Authority:  5 U.S.C. 552, 49 U.S.C. 721.


0
10. Amend Sec.  1007.3 by revising paragraph (a) to read as follows:


Sec.  1007.3  Requests by an individual for information or access.

    (a) Any individual may request information on whether a system of 
records maintained by the Board contains any information pertaining to 
him or her, or may request access to his or her record or to any 
information pertaining to him or her which is contained in a system of 
records. All requests shall be directed to the Privacy Officer, Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
* * * * *

0
11. Amend Sec.  1007.6 by revising paragraph (c) to read as follows:


Sec.  1007.6  Disclosure to third parties.

* * * * *
    (c) The accounting described in paragraph (b) of this section will 
be made available to the individual named in the record upon his 
written request, directed to the Privacy Officer, Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001, 
except that the accounting will not be revealed with respect to 
disclosures made under paragraph (a)(7) of this section 1107.6 
pertaining to law enforcement activity, and will not be maintained as 
to disclosures involving systems of records exempted under section 
1007.12.
* * * * *

PART 1011--BOARD ORGANIZATION; DELEGATIONS OF AUTHORITY

0
12. The authority citation for part 1011 continues to read as follows:

    Authority:  5 U.S.C. 553; 31 U.S.C. 9701; 49 U.S.C. 701, 721, 
11123, 11124, 11144, 14122, and 15722.


0
13. Amend Sec.  1011.3 by revising paragraph (c)(1) to read as follows:


Sec.  1011.3  The Chairman, Vice Chairman, and Board Member.

* * * * *

[[Page 52904]]

    (c)(1) The Chairman presides at all sessions of the Board and sees 
that every vote and official act of the Board required by law to be 
recorded is accurately and promptly recorded by the Clearance Clerk or 
the person designated by the Board for that purpose.
* * * * *

0
14. Amend Sec.  1011.6 by revising paragraphs (c)(3), (d), and (g) 
introductory text to read as follows:


Sec.  1011.6  Delegations of authority by the Chairman.

* * * * *
    (c) * * *
    (3) Unless otherwise ordered by the Board in individual 
proceedings, authority to dispose of routine procedural matters in 
proceedings assigned for handling under modified procedure, other than 
those assigned to an administrative law judge or a Board Member, is 
assigned to the Director of the Office of Proceedings. The Director of 
the Office of Proceedings shall also have authority, unless otherwise 
ordered by the Chairman or by a majority of the Board in individual 
proceedings, to decide whether complaint proceedings shall be handled 
under the modified procedure or be assigned for oral hearings. In 
carrying out these duties, the Director of the Office of Proceedings 
shall consult, as necessary, with the General Counsel and the Director 
of any Board office to which an individual proceeding has been 
assigned.
    (d) Except as provided at 49 CFR 1113.3(b)(1), authority to dismiss 
a complaint on complainant's request, or an application on applicant's 
request, is delegated to the Director of the Office of Proceedings.
* * * * *
    (g) The Director of the Office of Proceedings is delegated 
authority, under the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
to:
* * * * *

0
15. Amend Sec.  1011.7 by revising paragraphs (a), (b) introductory 
text, (b)(1), and (b)(3) to read as follows:


Sec.  1011.7  Delegations of authority by the Board to specific offices 
of the Board.

    (a) Office of Proceedings.
    (1) The Director of the Office of Proceedings is delegated the 
following authority:
    (i) Whether (in consultation with involved Offices) to waive filing 
fees set forth at 49 CFR 1002.2(f).
    (ii) To issue, on written request, informal opinions and 
interpretations (exclusive of informal opinions and interpretations on 
carrier tariff provisions), which are not binding on the Board. In 
issuing informal opinions or interpretations, the Director of the 
Office of Proceedings shall consult with the Directors of the 
appropriate Board offices. Such requests must be directed to the 
Director of the Office of Proceedings, Surface Transportation Board, 
Washington, DC 20423-0001. Authority to issue informal opinions and 
interpretations on carrier tariff provisions is delegated at paragraph 
(b)(2) of this section to the Office of Public Assistance, Governmental 
Affairs, and Compliance.
    (2) In addition to the authority delegated at 49 CFR 1011.6(c)(3), 
(d),(g), and (h), the Director of the Office of Proceedings shall have 
authority initially to determine the following:
    (i) Whether to designate abandonment proceedings for oral hearings 
on request.
    (ii) Whether offers of financial assistance satisfy the statutory 
standards of 49 U.S.C. 10904(d) for purposes of negotiations or, in 
exemption proceedings, for purposes of partial revocation and 
negotiations.
    (iii) Whether:
    (A) To impose, modify, or remove environmental or historic 
preservation conditions; and
    (B) In abandonment proceedings, to impose public use conditions 
under 49 U.S.C. 10905 and the implementing regulations at 49 CFR 
1152.28.
    (iv) In abandonment proceedings, when a request for interim trail 
use/rail banking is filed under 49 CFR 1152.29, to determine whether 
the National Trails System Act, 16 U.S.C. 1247(d), is applicable and, 
where appropriate, to issue Certificates of Interim Trail Use or 
Abandonment (in application proceedings) or Notices of Interim Trail 
Use or Abandonment (in exemption proceedings).
    (v) In any abandonment proceeding where interim trail use/rail 
banking is an issue, to make such findings and issue decisions as may 
be necessary for the orderly administration of the National Trails 
System Act, 16 U.S.C. 1247(d).
    (vi) Whether to institute requested declaratory order proceedings 
under 5 U.S.C. 554(e).
    (vii) To issue decisions, after 60 days' notice by any person 
discontinuing a subsidy established under 49 U.S.C. 10904 and at the 
railroad's request:
    (A) In application proceedings, immediately issuing decisions 
authorizing abandonment or discontinuance; and
    (B) In exemption proceedings, immediately vacating the decision 
that postponed the effective date of the exemption.
    (viii) In proceedings under the Feeder Railroad Development Program 
under 49 U.S.C. 10907 and the implementing regulations at 49 CFR part 
1151:
    (A) Whether to accept or reject primary applications under 49 CFR 
1151.2(b); competing applications under section 1151.2(c); and 
incomplete applications under 49 CFR 1151.2(d).
    (B) Whether to grant waivers from specific provisions of 49 CFR 
part 1151.
    (ix) In exemption proceedings subject to environmental or historic 
preservation reporting requirements, to issue a decision, under 49 CFR 
1105.10(g), making a finding of no significant impact where no 
environmental or historic preservation issues have been raised by any 
party or identified by the Board's Section of Environmental Analysis.
    (x) Whether to issue notices of exemption under 49 U.S.C. 10502:
    (A) For acquisition, lease, and operation transactions under 49 
U.S.C. 10901 and 10902 and the implementing regulations at 49 CFR part 
1150, subparts D and E;
    (B) For connecting track constructions under 49 U.S.C. 10901 and 
the implementing regulations at 49 CFR 1150.36;
    (C) For rail transactions under 49 U.S.C. 11323 and the 
implementing regulations at 49 CFR 1180.2(d); and
    (D) For abandonments and discontinuances under 49 U.S.C. 10903 and 
the implementing regulations at 49 CFR 1152.50.
    (xi) When an application or a petition for exemption for 
abandonment is filed, the Director will issue a notice of that filing 
pursuant to 49 CFR 1152.24(e)(2) and 49 CFR 1152.60, respectively.
    (xii) Whether to issue a notice of exemption under 49 U.S.C. 13541 
for a transaction under 49 U.S.C. 14303 within a motor passenger 
carrier corporate family that does not result in adverse changes in 
service levels, significant operational changes, or a change in the 
competitive balance with motor passenger carriers outside the corporate 
family.
    (xiii) Whether to issue rail modified certificates of public 
convenience and necessity under 49 CFR part 1150, subpart C.
    (xiv) Whether to waive the regulations at 49 CFR part 1152, subpart 
C, on appropriate petition.
    (xv) To reject applications, petitions for exemption, and verified 
notices (filed in class exemption proceedings) for noncompliance with 
the environmental rules at 49 CFR part 1105.

[[Page 52905]]

    (xvi) To reject applications by BNSF Railway Company to abandon 
rail lines in North Dakota exceeding the 350-mile cap of section 402 of 
Public Law 97-102, 95 Stat. 1465 (1981), as amended by The Department 
of Transportation and Related Agencies Appropriations Act, 1992, Public 
Law 102-143, section 343 (Oct. 28, 1991).
    (b) Office of Public Assistance, Governmental Affairs, and 
Compliance. The Office of Public Assistance, Governmental Affairs, and 
Compliance is delegated the authority to:
    (1) Reject tariffs and railroad transportation contract summaries 
filed with the Board that violate applicable statutes, rules, or 
regulations. Any rejection of a tariff or contract summary may be by 
letter signed by or for the Director, Office of Public Assistance, 
Governmental Affairs, and Compliance.
    (2) * * *
    (3) Grant or withhold special tariff authority granting relief from 
the provisions of 49 CFR part 1312. Any grant or withholding of such 
relief may be by letter signed by or for the Director, Office of Public 
Assistance, Governmental Affairs, and Compliance.
* * * * *

PART 1012--MEETINGS OF THE BOARD

0
16. The authority citation for part 1012 continues to read as follows:

    Authority:  5 U.S.C. 552b(g), 49 U.S.C. 701, 721.


0
17. Amend Sec.  1012.1 by revising paragraph (c) to read as follows:


Sec.  1012.1  General provisions.

* * * * *
    (c) These regulations are not intended to govern situations in 
which members of the Board consider individually and vote by notation 
upon matters which are circulated to them in writing. Copies of the 
votes or statements of position of all Board Members eligible to 
participate in action taken by notation voting will be made available, 
as soon as possible after the date upon which the action taken is made 
public or any decision or order adopted is served, in a public reading 
room or other easily accessible place within the Board, or upon written 
request to the Records Officer.

0
18. Amend Sec.  1012.3 by revising paragraph (a) to read as follows:


Sec.  1012.3  Public notice.

    (a) Unless a majority of the Board determines that such information 
is exempt from disclosure under the Act, public notice of the 
scheduling of a meeting will be given by filing a copy of the notice 
with the Clearance Clerk of the Board for posting and for service on 
all parties of record in any proceeding which is the subject of the 
meeting or any other person who has requested notice with respect to 
meetings of the Board, and by submitting a copy of the notice for 
publication in the Federal Register.
* * * * *

PART 1016--SPECIAL PROCEDURES GOVERNING THE RECOVERY OF EXPENSES BY 
PARTIES TO BOARD ADJUDICATORY PROCEEDINGS

Subpart C--Procedures for Considering Applications

0
19. The authority citation for part 1016 continues to read as follows:

    Authority:  5 U.S.C. 504(c)(1), 49 U.S.C. 721.


0
20. Revise Sec.  1016.311 to read as follows:


Sec.  1016.311  General provisions.

    An applicant seeking payment of an award shall submit to the 
appropriate official of the paying agency a copy of the Board's final 
decision granting the award, accompanied by a statement that the 
applicant will not seek review of the decision in the United States 
courts. Where the award is granted against the Surface Transportation 
Board the applicant shall make its submission to the Chief, Section of 
Financial Services, Surface Transportation Board, Washington, DC 20423-
0001. The Board will pay the amount awarded to the applicant within 60 
days of the applicant's submission unless the judicial review of the 
award or of the underlying decision of the adversary adjudication has 
been sought by the applicant or any other party to the proceeding.

PART 1100--GENERAL PROVISIONS

0
21. The authority citation for part 1100 continues to read as follows:

    Authority:  49 U.S.C. 721.


0
22. Revise Sec.  1100.4 to read as follows:


Sec.  1100.4  Information and inquires.

    Persons with questions concerning these rules should either send a 
written inquiry addressed to the Director, Office of Public Assistance, 
Governmental Affairs, and Compliance, Surface Transportation Board or 
should telephone the Office of Public Assistance, Governmental Affairs, 
and Compliance.

PART 1102--COMMUNICATIONS

0
23. The authority citation for part 1102 continues to read as follows:

    Authority: 49 U.S.C. 721.


0
24. Amend Sec.  1102.1 to read as follows:


Sec.  1102.1  How Addressed.

    All communications should be addressed to the Chief, Section of 
Administration, Office of Proceedings, Surface Transportation Board, 
Washington, DC 20423-0001 unless otherwise specifically directed by 
another Board regulation. All communications should designate the 
docket number and title, if any. The person communicating shall state 
his address, and the party he represents.


0
25. Amend Sec.  1102.2 by revising paragraph (e) to read as follows:


Sec.  1102.2  Ex parte communications prohibited; penalties provided.

* * * * *
    (e) Procedure required of Board members and employees upon receipt 
of ex parte communications concerning the merits of a proceeding. Any 
person who receives an ex parte communication concerning the merits of 
a proceeding must promptly transmit either the written communication, 
or a written summary of the oral communication with an outline of the 
surrounding circumstances to the Chief, Section of Administration, 
Office of Proceedings, Surface Transportation Board. The Section Chief 
shall place all of the material in the correspondence section of the 
public docket of the proceeding. A recipient of such ex parte 
communication, who has doubt as to the nature of the communication, may 
request a ruling on the question from the Board's Designated Agency 
Ethics Official. The Designated Agency Ethics Official shall promptly 
reply to such requests. The Chief, Section of Administration, Office of 
Proceedings, shall promptly notify the Chairman of the Board of such ex 
parte communications sent to the Section Chief. The Designated Agency 
Ethics Official shall promptly notify the Chairman of all requests for 
rulings sent to the Designated Agency Ethics Official. The Chairman may 
require that any communication be placed in the correspondence section 
of the docket when fairness requires that it be made public, even if it 
is not a prohibited communication. The Chairman may direct the taking 
of such other action as may be appropriate under the circumstances.
* * * * *

[[Page 52906]]

PART 1103--PRACTITIONERS

0
26. The authority citation for part 1103 continues to read as follows:

    Authority:  21 U.S.C. 862; 49 U.S.C. 703(e), 721.


0
27. Amend Sec.  1103.3 by revising paragraphs (c)(1) and (j) to read as 
follows:


Sec.  1103.3  Persons not attorneys-at-law--qualifications and 
requirements for practice before the Board.

* * * * *
    (c)(1) Application for admission. An application filed pursuant to 
this rule under oath for admission to practice shall be submitted 
between January and May 1 of the year in which the examination is to be 
taken. The application is to be completed in full on the form provided 
by the Board, and shall be addressed to the Director, Office of Public 
Assistance, Governmental Affairs, and Compliance, Surface 
Transportation Board, Washington, DC 20423-0001, to the attention of 
the room number indicated on the form.
* * * * *
    (j) Examination results. Results will be released within 90 days 
after the examination. Individual results will be forwarded to the 
applicants at least 1 week before being publicly released. To protect 
the privacy of those taking the examination, individual grades will not 
be released over the telephone to anyone. Requests for grades may, 
however, be submitted in writing to the Office of Public Assistance, 
Governmental Affairs, and Compliance to the attention of the address 
stated in the application form.
* * * * *

0
28. Amend Sec.  1103.4 by revising paragraph (d) to read as follows:


Sec.  1103.4  Initial appearances.

* * * * *
    (d) Filing a letter with the Chief, Section of Administration, 
Office of Proceedings, Surface Transportation Board stating that 
practitioner is authorized to represent a party. The party represented, 
their address, and the docket number of the proceeding must also be 
identified at the time of the initial appearance.

PART 1104--FILING WITH THE BOARD--COPIES--VERIFICATION--SERVICE--
PLEADINGS, GENERALLY

0
29. The authority citation for part 1104 continues to read as follows:

    Authority:  5 U.S.C. 553 and 559; 18 U.S.C. 1621; 21 U.S.C. 862; 
and 49 U.S.C. 721.

0
30. Amend Sec.  1104.1 by revising paragraph (a) to read as follows:


Sec.  1104.1  Address, identification, and electronic filing option.

    (a) Except as provided in Sec.  1115.7, pleadings should be 
addressed to the ``Chief, Section of Administration, Office of 
Proceedings, Surface Transportation Board, Washington, DC 20423-0001,'' 
and should designate the docket number and title of the proceeding, if 
known.
* * * * *

PART 1105--PROCEDURES FOR IMPLEMENTATION OF ENVIRONMENTAL LAWS

0
31. The authority citation for part 1105 continues 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.


0
32. Amend Sec.  1105.12 by revising Appendix to Sec.  1105.12--Sample 
Newspaper Notices to read as follows:


Sec.  1105.12  Sample newspaper notices for abandonment exemption 
cases.

* * * * *

Appendix to Sec.  1105.12--Sample Newspaper Notices

Sample Local Newspaper Notice for Out-Of-Service Abandonment Exemptions

Notice of Intent To Abandon or To Discontinue Rail Service

    (Name of railroad) gives notice that on or about (insert date 
notice of exemption will be filed with the Surface Transportation 
Board), it intends to file with the Surface Transportation Board, 
Washington, DC 20423, a notice of exemption under 49 CFR 1152 
Subpart F--Exempt Abandonments permitting the (abandonment of or 
discontinuance of service on) a----mile line of railroad between 
railroad milepost ----, near (station name), which traverses through 
United States Postal Service ZIP Codes (ZIP Codes) and railroad 
milepost ----, near (station name) which traverses through United 
States Postal Service ZIP Codes (ZIP Codes) in----County(ies), 
(State). The proceeding will be docketed as No. AB----(Sub-No.----
X).
    The Board's Section of Environmental Analysis (SEA) will 
generally prepare an Environmental Assessment (EA), which will 
normally be available 25 days after the filing of the notice of 
exemption. Comments on environmental and energy matters should be 
filed no later than 15 days after the EA becomes available to the 
public and will be addressed in a Board decision. Interested persons 
may obtain a copy of the EA or make inquiries regarding 
environmental matters by writing to the Section of Environmental 
Analysis (SEA), Surface Transportation Board, Washington, DC 20423 
or by calling that office at [INSERT TELEPHONE NUMBER].
    Appropriate offers of financial assistance to continue rail 
service can be filed with the Board. Requests for environmental 
conditions, public use conditions, or rail banking/trails use also 
can be filed with the Board. An original and 10 copies of any 
pleading that raises matters other than environmental issues (such 
as trails use, public use, and offers of financial assistance) must 
be filed directly with the Board's Section of Administration, Office 
of Proceedings, 395 E Street, SW., Washington, DC 20423-0001 [See 49 
CFR 1104.1(a) and 1104.3(a)], and one copy must be served on 
applicants' representative [See 49 CFR 1104.12(a)]. Questions 
regarding offers of financial assistance, public use or trails use 
may be directed to the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at [INSERT TELEPHONE NUMBER]. 
Copies of any comments or requests for conditions should be served 
on the applicant's representative: (Name, address and phone number).

Sample Local Newspaper Notice for Petitions for Abandonment Exemptions

Notice of Intent To Abandon or To Discontinue Rail Service

    (Name of railroad) gives notice that on or about (insert date 
petition for abandonment exemption will be filed with the Surface 
Transportation Board) it intends to file with the Surface 
Transportation Board, Washington, DC 20423, a petition for exemption 
under 49 U.S.C. 10502 from the prior approval requirements of 49 
U.S.C. 10903, et seq., permitting the (abandonment of or 
discontinuance of service on) a----mile line of railroad between 
railroad milepost------, near (station name) which traverses through 
United States Postal Service ZIP Codes (ZIP Codes), and railroad 
milepost--, near (station name) which traverses through United 
States Postal Service ZIP Codes (ZIP Codes) in----County(ies), 
(State). The proceeding has been docketed as No. AB----(Sub-No.----
X).
    The Board's Section of Environmental Analysis (SEA) will 
generally prepare an Environmental Assessment (EA), which will 
normally be available 60 days after the filing of the petition for 
abandonment exemption. Comments on environmental and energy matters 
should be filed no later than 30 days after the EA becomes available 
to the public and will be addressed in a Board decision. Interested 
persons may obtain a copy of the EA or make inquiries regarding 
environmental matters by writing to SEA, Surface Transportation 
Board, Washington, DC 20423 or by calling SEA at [INSERT TELEPHONE 
NUMBER].
    Appropriate offers of financial assistance to continue rail 
service can be filed with the Board. Requests for environmental 
conditions, public use conditions, or rail banking/trails use also 
can be filed with the Board. An original and 10 copies of any 
pleading that raises matters other than environmental issues (such 
as trails use, public use, and offers of financial assistance) must 
be filed directly with the Board's

[[Page 52907]]

Section of Administration, Office of Proceedings, 395 E Street, SW., 
Washington, DC 20423-0001 [See 49 CFR 1104.1(a) and 1104.3(a)], and 
one copy must be served on applicants' representative [See 49 CFR 
1104.12(a)]. Questions regarding offers of financial assistance, 
public use or trails use may be directed to the Board's Office of 
Public Assistance, Governmental Affairs, and Compliance at [INSERT 
TELEPHONE NUMBER]. Copies of any comments or requests for conditions 
should be served on the applicant's representative (name and 
address).

PART 1109--USE OF ALTERNATIVE DISPUTE RESOLUTION IN BOARD 
PROCEEDINGS AND THOSE IN WHICH THE BOARD IS A PARTY

0
33. The authority citation for part 1109 continues to read as follows:


    Authority:  5 U.S.C. 571 et seq.


0
34. Revise Sec.  1109.1 to read as follows:


Sec.  1109.1  Invoking ADR in Board proceedings.

    Any proceeding may be held in abeyance for 90 days while 
administrative dispute resolution (ADR) procedures (such as arbitration 
and mediation) are pursued. (Additional 90 day periods can be 
requested.) The period while any proceeding is held in abeyance to 
facilitate ADR will not be counted towards the statutory deadlines. All 
parties are required to indicate their written consent for ADR 
treatment. Requests that a proceeding be held in abeyance while ADR 
procedures are pursued should be submitted to the Chief, Section of 
Administration, Office of Proceedings. The Director of the Office of 
Proceedings shall promptly issue an order in response to such requests. 
Unless arbitration or some other binding process involving a neutral 
has been undertaken, any party believing that ADR procedures are not 
yielding the intended results shall inform the Chief, Section of 
Administration, Office of Proceedings and all parties in writing, and 
normal agency procedures will be reactivated by the Director of the 
Office of Proceedings by notice served on all the parties.

PART 1110--PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS

0
35. The authority citation for part 1110 continues to read as follows:


    Authority:  49 U.S.C. 721.


0
36. Amend Sec.  1110.2 by revising paragraph (c)(1) to read as follows:


Sec.  1110.2  Opening of proceeding.

* * * * *
    (c) * * *
    (1) Be submitted, along with 15 copies if possible, to the Chief, 
Section of Administration, Office of Proceedings, Surface 
Transportation Board, Washington, DC 20423-0001;
* * * * *

0
37. Amend Sec.  1110.3 by revising paragraph (d) to read as follows:


Sec.  1110.3  Publication of notices.

* * * * *
    (d) In addition to being published in the Federal Register, notices 
of proposed rulemaking and subsequent notices and decisions in 
rulemaking proceedings, will be served on the parties by the Office of 
Proceedings and made available to the public through the Office of 
Public Assistance, Governmental Affairs, and Compliance. To the extent 
possible, the date of service will be the same as the date of 
publication in the Federal Register. When the service and publication 
dates are not the same, the date of publication in the Federal Register 
is controlling for the purpose of determining time periods set by these 
procedures or by notices issued in individual proceedings.

0
38. Revise Sec.  1110.7 to read as follows:


Sec.  1110.7  Availability of dockets.

    Dockets of pending rulemaking proceedings are maintained in the 
Office of Proceedings. These dockets are available for inspection by 
any person, and copies may be obtained upon payment of the prescribed 
fee.

0
39. Revise Sec.  1110.9 to read as follows:


Sec.  1110.9  Petition for waiver.

    Any person may petition the Board for a permanent or temporary 
waiver of any rule. Petitions should be filed with the Chief, Section 
of Administration, Office of Proceedings, Surface Transportation Board, 
Washington, DC 20423-0001, and should identify the rule involved.

PART 1113--ORAL HEARING

0
40. The authority citation for part 1113 continues to read as follows:

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


0
41. Amend Sec.  1113.1 by revising paragraph (a) to read as follows:


Sec.  1113.1  Scheduling hearings; continued hearings.

    (a) Assignment; service and posting of notice. In those proceedings 
in which an oral hearing is to be held, the Board will assign a time 
and place for hearing. Notice of hearings will be posted on the Board's 
Web site, will be served upon the parties and such other persons as may 
be entitled to receive notice under the Act, and will be available for 
inspection at the Board's office.
* * * * *

0
42. Amend Sec.  1113.2 by revising paragraphs (a) and (d) to read as 
follows:


Sec.  1113.2  Subpoenas.

    (a) Issuance. A subpoena may be issued upon the direction of the 
Board on its own motion or upon request. A subpoena may be issued by 
the Board or by the officer presiding at a hearing and must be signed 
by the Director of the Office of Proceedings or a member of the Board.
* * * * *
    (d) Return. If service of subpoena is made by a United States 
marshal or his deputy, service should be evidenced by his return on the 
subpoena. If made by any other person, such person shall make an 
affidavit stating the date, time and manner of service; and return such 
affidavit on, or with, the original subpoena in accordance with the 
form thereon. In case of failure to make service the reasons for the 
failure should be stated on the original subpoena. The written 
acceptance of service of a subpoena by the person subpoenaed will be 
sufficient without other evidence of return. The original subpoena 
bearing or accompanied by the required return, affidavit, statement, or 
acceptance of service, should be returned forthwith to the Chief, 
Section of Administration, Office of Proceedings, unless otherwise 
directed.
* * * * *

0
43. Amend Sec.  1113.17 by revising paragraph (c) to read as follows:


Sec.  1113.17  Transcript of record.

* * * * *
    (c) Objections to corrections. Parties disagreeing with corrections 
suggested pursuant to paragraph (b) of this section should file written 
objections in the same manner as suggested corrections are to be filed. 
Objections to suggested corrections should be filed not later than 15 
days after the filing with the Board of suggested corrections. If no 
objections are timely filed, the Office of Proceedings shall make the 
suggested corrections to the transcript. If objections are timely 
filed, the officer who presided at the hearing shall determine the 
merits of the suggested correction and enter an appropriate decision in 
the proceeding.
* * * * *

[[Page 52908]]

PART 1114--EVIDENCE; DISCOVERY

0
44. The authority citation for part 1114 continues to read as follows:

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


0
45. Amend Sec.  1114.24 by revising paragraph (h) to read as follows:


Sec.  1114.24  Depositions; procedures.

* * * * *
    (h) Return. The officer shall securely seal the deposition in an 
envelope endorsed with sufficient information to identify the 
proceeding and marked ``Deposition of (here insert name of witness)'' 
and shall either personally deliver or promptly send the original and 
one copy of all exhibits by registered mail to the Office of 
Proceedings. A deposition to be offered in evidence must reach the 
Board not later than 5 days before the date it is to be so offered.
* * * * *

0
46. Amend Sec.  1114.31 by revising paragraph (a)(4) to read as 
follows:


Sec.  1114.31  Failure to respond to discovery.

    (a) * * *
    (4) Ruling on motion to compel in stand-alone cost and simplified 
standards rate cases. Within 5 business days after a conference with 
the parties convened pursuant to paragraph (a)(3) of this section, the 
Director of the Office of Proceedings will issue a summary ruling on 
the motion to compel discovery. If no conference is convened, the 
Director of the Office of Proceedings will issue this summary ruling 
within 10 days after the filing of the reply to the motion to compel. 
Appeals of a Director's ruling will proceed under 49 CFR 1115.9, and 
the Board will attempt to rule on such appeals within 20 days after the 
filing of the reply to the appeal.
* * * * *

PART 1116--ORAL ARGUMENT BEFORE THE BOARD

0
47. The authority citation for part 1116 continues to read as follows:

    Authority: 49 U.S.C. 721.


0
48. Amend Sec.  1116.1 by revising paragraph (a) to read as follows:


Sec.  1116.1  Requests.

    (a) Addressee. Requests for oral argument should be addressed to 
the Chief, Section of Administration, Office of Proceedings, Surface 
Transportation Board, Washington, DC 20423-0001.
* * * * *

PART 1118--PROCEDURES IN INFORMAL PROCEEDINGS BEFORE EMPLOYEE 
BOARDS

0
49. The authority citation for part 1118 continues to read as follows:

    Authority:  49 U.S.C. 721.


0
50. Amend Sec.  1118.3 by revising paragraph (d) to read as follows:


Sec.  1118.3  Appeals.

* * * * *
    (d) Where filed. Appeals and replies to appeals of decisions issued 
by employee boards must be filed with the Chief, Section of 
Administration, Office of Proceedings, Surface Transportation Board, 
395 E St., SW., Washington, DC 20423-0001.
* * * * *

PART 1132--PROTESTS REQUESTING SUSPENSION AND INVESTIGATION OF 
COLLECTIVE RATEMAKING ACTIONS

0
51. The authority citation for part 1132 continues to read as follows:


    Authority:  49 U.S.C. 721, 13301(f), and 13703.

0
52. Amend Sec.  1132.1 by revising the section heading and paragraph 
(d) to read as follows:


Sec.  1132.1  Protest against collective ratemaking actions.

* * * * *
    (d) Copies; service. In connection with proceedings involving 
proposals subject to the special procedures in Ex Parte No. MC-82, New 
Procedures in Motor Carrier Rev. Proc. 339 I.C.C. 324, and set forth at 
49 CFR part 1139, an original and 10 copies of every protest or reply 
filed under this section should be furnished for the use of the Board. 
Except as provided for proposals subject to the special procedures in 
Ex Parte No. MC-82, the original and 10 copies of each protest, or of 
each reply filed under this section, must be filed with the Board, and 
one copy simultaneously must be served upon the publishing carrier or 
collective ratemaking organization, and upon other persons known by 
protestant to be interested. These pleadings should be directed to the 
attention of the Chief, Section of Administration, Office of 
Proceedings, Surface Transportation Board.
* * * * *

PART 1139--PROCEDURES IN MOTOR CARRIER REVENUE PROCEEDINGS

0
53. The authority citation for part 1132 continues to read as follows:

    Authority:  49 U.S.C. 721, 13703.
0
54. Revise Sec.  1139.7 to read as follows:


Sec.  1139.7  Service.

    The detailed information called for herein shall be in writing and 
shall be verified by a person or persons having knowledge thereof. The 
original and 10 copies of each verified statement for the use of the 
Board shall be filed with the Chief, Section of Administration, Office 
of Proceedings, Surface Transportation Board, Washington, DC 20423-
0001. A copy of each statement shall be mailed by first-class mail to 
each party of record in the last formal proceeding concerning a general 
rate increase in the affected area or territory. However, one copy of 
each statement shall be sent by express mail to any person undertaking 
to bear the cost. Written request for this expedited service must be 
made no less than 5 days before the statement is due to be filed with 
the Board. Otherwise, the service requirements of 49 CFR 1104.12 should 
be observed. Information with respect to carrier affiliates may be 
served on the parties in summary form, if so desired. A copy of each 
statement shall be furnished to any interested person on request.

0
55. Revise Sec.  1139.25 to read as follows:


Sec.  1139.25  Service.

    The detailed information called for herein shall be in writing and 
shall be verified by a person or persons having knowledge thereof. The 
original and 16 copies of each verified statement for the use of the 
Board shall be filed with the Chief, Section of Administration, Office 
of Proceedings, Surface Transportation Board, Washington, DC 20423-
0001. One copy of each statement shall be sent first-class mail to each 
of the regional offices of the Board in the area affected by the 
proposed increase, where it will be open to public inspection. A copy 
of each statement shall be mailed by first-class mail to each party of 
record in the last formal proceeding concerning a general increase in 
bus passenger fares in the affected area or territory. Otherwise, the 
service requirements of Sec.  1130.1 shall be observed.

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

0
56. The authority citation for part 1150 continues to read as follows:

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


0
57. Amend Sec.  1150.10 by revising paragraph (b) to read as follows:


Sec.  1150.10  Procedures.

* * * * *

[[Page 52909]]

    (b) Filing procedures. The original and 10 copies of the 
application and all documents shall be filed with the Chief, Section of 
Administration, Office of Proceedings. A filing fee in the amount set 
forth in 49 CFR 1002.2(f) is required to file an application. Copies of 
documents shall be furnished promptly to interested parties upon 
request. The application shall include a stamped self-addressed 
envelope to be used to notify applicant of the docket number. 
Additionally, if possible, telephonic communication of the docket 
number shall be made.
* * * * *

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

0
58. 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
59. Amend Sec.  1152.21 by revising the third paragraph of section 
(4)(vi) of the notice of intent to read as follows:


Sec.  1152.21  Form of notice.

* * * * *
    (4) * * *
    (vi) * * *
* * * * *
    Written comments and protests, including all requests for public 
use and trail use conditions, should indicate the proceeding 
designation STB No. AB ---- (Sub-No. ----) and must be filed with the 
Chief, Section of Administration, Office of Proceedings, Surface 
Transportation Board, Washington, DC 20423-0001, no later than (insert 
the date 45 days after the date applicant intends to file its 
application). Interested persons may file a written comment or protest 
with the Board to become a party to this abandonment (or 
discontinuance) proceeding. A copy of each written comment or protest 
shall be served upon the representative of the applicant (insert name, 
address, and phone number). The original and 10 copies of all comments 
or protests shall be filed with the Board with a certificate of 
service. Except as otherwise set forth in part 1152, each document 
filed with the Board must be served on all parties to the abandonment 
proceeding. 49 CFR 1104.12(a).

0
60. Amend Sec.  1152.22 by revising the third paragraph of section (iv) 
of the notice of application in paragraph (i) to read as follows:


Sec.  1152.22  Contents of application.

* * * * *
    (i) * * *
    (iv) * * *
* * * * *
    Written comments and protests, including all requests for public 
use and trail use conditions, must indicate the proceeding designation 
STB No. AB ---- (Sub-No. ----) and should be filed with the Chief, 
Section of Administration, Office of Proceedings, Surface 
Transportation Board (Board), Washington, DC 20423-0001, no later than 
(insert the date 45 days after the date applicant intends to file its 
application). Interested persons may file a written comment or protest 
with the Board to become a party to this abandonment (or 
discontinuance) proceeding. A copy of each written comment or protest 
shall be served upon the representative of the applicant (insert name, 
address, and phone number). The original and 10 copies of all comments 
or protests shall be filed with the Board with a certificate of 
service. Except as otherwise set forth in part 1152, every document 
filed with the Board must be served on all parties to the abandonment 
proceeding. 49 CFR 1104.12(a).
* * * * *

0
61. Amend Sec.  1152.24 by revising paragraph (a) to read as follows:


Sec.  1152.24  Filing and service of application.

    (a) An original and 10 copies of applications, typewritten or 
printed on paper approximately 8\1/2\ inches by 11 inches with 1\1/2\ 
inch left margin, shall be filed with the Chief, Section of 
Administration, Office of Proceedings, Washington, DC 20423-0001. The 
original shall bear the date and signature and shall be complete in 
itself; the signature may be stamped or typed and the notarial seal may 
be omitted on the copies. A check, money order or payment by credit 
card payable to the Surface Transportation Board must also be submitted 
to cover the applicable filing fee. If the applicant carrier is in 
bankruptcy, the application shall also be filed on the bankruptcy 
court.
* * * * *

0
62. Amend Sec.  1152.25 by revising paragraphs (c)(1) and (e)(1)(iii) 
to read as follows:


Sec.  1152.25  Participation in abandonment or discontinuance 
proceedings.

* * * * *
    (c) Filing and service of written comments, protests, along with 
evidence and argument, and replies. (1) Written comments and protests, 
as well as public use and trail use requests, shall be filed with the 
Board (the Chief, Section of Administration, Office of Proceedings, 
Surface Transportation Board, Washington, DC 20423-0001) within 45 days 
of the filing with the Board of an abandonment or discontinuance 
application.
* * * * *
    (e) * * *
    (1) * * *
    (iii) The applicability and administration of the Trails Act [16 
U.S.C. 1247(d)] in abandonment proceedings under 49 U.S.C. 10903 (and 
abandonment exemption proceedings), issued pursuant to delegations of 
authority at 49 CFR 1011.7(a)(2)(iv) and (v), will be acted on by the 
entire Board as set forth at 49 CFR 1011.2(a)(7). An original and 10 
copies of all appeals, and replies to appeals, under this section must 
be filed with the Board.
* * * * *

0
63. Amend Sec.  1152.27 by revising paragraphs (c)(1)(i) introductory 
text, (c)(2)(ii), and (e) to read as follows:


Sec.  1152.27  Financial assistance procedures.

* * * * *
    (c) Submission of financial assistance offer--(1) Abandonment and 
discontinuance applications and petitions for exemption--(i) Service 
and filing. An offeror must serve its offer of assistance on the 
carrier owning and operating the line and all parties to the 
abandonment or discontinuance application or exemption proceeding. The 
offer must be filed concurrently with the Chief, Section of 
Administration, Office of Proceedings, Surface Transportation Board, 
Washington, DC 20423-0001.
* * * * *
    (2) * * *
    (ii) Service and filing. An offeror must serve its offer of 
assistance on the carrier that instituted the exempt filing as well as 
all other parties to the proceeding. The offer must be filed 
concurrently with the Chief, Section of Administration, Office of 
Proceedings, Surface Transportation Board, Washington, DC 20423-0001.
* * * * *
    (e) Review of offers--(1) Abandonment and discontinuance 
applications. The Board will review each offer submitted to determine 
if a financially responsible person has offered assistance. If that 
criterion is met, the Board will issue a decision postponing the 
effective date of the authorization for abandonment or

[[Page 52910]]

discontinuance. This decision will be issued within 15 days of the 
service of the decision granting the application (or within 5 days 
after the offer is filed if the time for filing has been tolled under 
paragraph (c)(1)(i)(C) of this section, or within 5 days after 
expiration of the 120 day (4 month) period described in 49 U.S.C. 
10904, if that occurs first). Under the delegation of authority at 
Sec.  1011.7(a), the Director of the Office of Proceedings will make 
the initial determination whether offers of financial assistance 
satisfy the standards of 49 U.S.C. 10904(d) for purposes of instituting 
negotiations. Appeals of initial decisions determining whether offers 
of financial assistance satisfy the standards of 49 U.S.C. 10904(d) for 
purposes of instituting negotiations will be acted upon by the entire 
Board pursuant to 49 CFR 1011.2(a)(7).
    (2) Exemption proceedings. The Board will review each offer 
submitted to determine if a financially responsible person has offered 
assistance. If that criterion is met, the Board will postpone the 
effective date either of the decision granting a petition for 
individual exemption or the notice of exemption under the class 
exemption and partially revoke the exemption or (in the case of a class 
exemption) the notice of exemption to the extent it applies to 49 
U.S.C. 10904. The decision to postpone and partially revoke will be 
issued within 15 days of the service date of a decision granting a 
petition for exemption, or within 35 days of the Federal Register 
publication described in paragraph (b)(2)(ii) of this section (or 
within 5 days after the offer is filed if the time for filing has been 
tolled under paragraph (c)(1)(i)(C) or (c)(2)(ii) (C) or (D) of this 
section). Under the delegation of authority at section 1011.7(a), the 
Director of the Office of Proceedings will make the initial 
determination whether offers of financial assistance satisfy the 
standards of 49 U.S.C. 10904(d) for purposes of partial revocation and 
institution of negotiations. Appeals of initial decisions determining 
whether offers of financial assistance satisfy the standards of 49 
U.S.C. 10904(d) for purposes of partial revocation and institution of 
negotiations will be acted upon by the entire Board pursuant to 49 CFR 
1011.2(a)(7).
* * * * *

0
64. Amend Sec.  1152.29 by revising paragraph (e)(2) to read as 
follows:


Sec.  1152.29  Prospective use of rights-of-way for interim trail use 
and rail banking.

* * * * *
    (e) * * *
    (2) A railroad that receives authority from the Board to abandon a 
line (in a regulated abandonment proceeding under 49 U.S.C. 10903, or 
by individual or class exemption issued under 49 U.S.C. 10502) shall 
file a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line (e.g., 
discontinued operations, salvaged the track, canceled tariffs, and 
intends that the property be removed from the interstate rail network). 
The notice shall provide the name of the STB proceeding and its docket 
number, a brief description of the line, and a statement that the 
railroad has consummated, or fully exercised, the abandonment authority 
on a certain date. The notice shall be filed within 1 year of the 
service date of the decision permitting the abandonment (assuming that 
the railroad intends to consummate the abandonment). Notices will be 
deemed conclusive on the point of consummation if there are no legal or 
regulatory barriers to consummation (such as outstanding conditions, 
including Trails Act conditions). If, after 1 year from the date of 
service of a decision permitting abandonment, consummation has not been 
effected by the railroad's filing of a notice of consummation, and 
there are no legal or regulatory barriers to consummation, the 
authority to abandon will automatically expire. In that event, a new 
proceeding would have to be instituted if the railroad wants to abandon 
the line. Copies of the railroad's notice of consummation shall be 
filed with the Chief, Section of Administration, Office of Proceedings. 
In addition, the notice of consummation shall be sent to the State 
Public Service Commission (or equivalent agency) of every state through 
which the line passes. If, however, any legal or regulatory barrier to 
consummation exists at the end of the 1-year time period, the notice of 
consummation must be filed not later than 60 days after satisfaction, 
expiration or removal of the legal or regulatory barrier. For good 
cause shown, a railroad may file a request for an extension of time to 
file a notice so long as it does so sufficiently in advance of the 
expiration of the deadline for notifying the Board of consummation to 
allow for timely processing.
* * * * *

PART 1177--RECORDATION OF DOCUMENTS

0
65. The authority citation for part 1177 continues to read as follows:

    Authority:  49 U.S.C. 721, 11301.


0
66. Revise Sec.  1177.2 to read as follows:


Sec.  1177.2  To whom documents should be submitted for recordation.

    Documents to be recorded shall be submitted in person, via the 
Board's website, or by mail addressed to the Chief, Section of 
Administration, Office of Proceedings, Surface Transportation Board, 
Washington, DC 20423-0001. All documents submitted by mail should 
clearly state ``Documents for Recordation'' on the envelope.

0
67. Amend Sec.  1177.3 by revising paragraph (d) introductory text to 
read as follows:


Sec.  1177.3  Requirements for submission.

* * * * *
    (d) Be accompanied by a letter of transmittal requesting the 
recording of the document. For a sample of a letter, see Sec.  1177.4. 
Documents submitted concurrently under the same recordation number may 
be included in a single transmittal letter. Otherwise, each document 
must have its own letter of transmittal. The letter should be addressed 
to the Chief, Section of Administration, Office of Proceedings and 
include the following information:
* * * * *

0
68. Amend Sec.  1177.4 by revising the first two sentences of paragraph 
(b) to read as follows:


Sec.  1177.4  Sample forms.

* * * * *
    (b) Sample Letter of Transmittal.
    [Chief, Section of Administration, Office of Proceedings' Name] 
Chief, Section of Administration, Office of Proceedings, Surface 
Transportation Board, Washington, DC.
    Dear Section Chief: I have enclosed an original and one copy/
counterpart of the document(s) described below, to be recorded pursuant 
to Section 11301 of Title 49 of the U.S. Code.
* * * * *

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

0
69. 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, 11323-11325.

0
70. Amend Sec.  1180.4 by revising paragraphs (c)(2)(ii), (c)(6)(iii), 
(g)(1) introductory text, and (g)(2)(i) to read as follows:


Sec.  1180.4  Procedures.

* * * * *

[[Page 52911]]

    (c) * * *
    (2) * * *
    (ii) The application shall be filed with Chief, Section of 
Administration, Office of Proceedings, Surface Transportation Board, 
Washington, DC 20423-0001.
* * * * *
    (6) * * *
    (iii) The Board's Office of Proceedings will provide informal 
opinions and interpretations, which are not binding on the Board, 
regarding the format of or information to be included in the 
application.
* * * * *
    (g) Notice of exemption. (1) To qualify for an exemption under 
section 1180.2(d), a railroad must file a verified notice of the 
transaction with the Board at least 30 days before the transaction is 
consummated indicating the proposed consummation date. Before a notice 
is filed, the railroad shall obtain a docket number from the Board's 
Section of Administration, Office of Proceedings.
* * * * *
    (2)(i) To qualify for an exemption under section 1180.2(d)(7) 
(acquisition or renewal of trackage rights agreements), 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

Finance Docket No.

    (1)--Trackage Rights--(2)
    (2) (3) to grant (4) trackage rights to (1) between (5). The 
trackage rights will be effective on (6).
    This notice is filed under section 1180.2(d)(7). 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]

Director, Office of Proceedings.

    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) Indicate whether ``overhead'' or ``local'' trackage rights are 
involved.
    (5) Describe the trackage rights.
    (6) State the date the trackage rights agreement is proposed to be 
consummated.
    (ii) To qualify for an exemption under section 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]

Director, Office of Proceedings.

PARTS 1240-1259--REPORTS

0
71. Revise the note to parts 1240-1259 to read as follows:

    Note: The report forms prescribed by parts 1241-1259 are 
available upon request from the Office of Economics, Environmental 
Analysis, and Administration, Surface Transportation Board, 
Washington, DC 20423-0001.

PART 1241--ANNUAL, SPECIAL, OR PERIODIC REPORTS--CARRIERS SUBJECT 
TO PART I OF THE INTERSTATE COMMERCE ACT

0
72. The authority citation for part 1241 continues to read as follows:

    Authority: 49 U.S.C. 11145.


0
73. Revise the note to part 1241 to read as follows:

    Note: The report forms prescribed by part 1241 are available 
upon request from the Office of Economics, Environmental Analysis, 
and Administration, Surface Transportation Board, Washington, DC 
20423-0001.

PART 1242--SEPARATION OF COMMON OPERATING EXPENSES BETWEEN FREIGHT 
SERVICE AND PASSENGER SERVICE FOR RAILROADS

0
74. The authority citation for part 1242 continues to read as follows:

    Authority:  49 U.S.C. 721, 11142.


0
75. Revise the note to part 1242 to read as follows:

    Note:  The report forms prescribed by part 1242 are available 
upon request from the Office of Economics, Environmental Analysis, 
and Administration, Surface Transportation Board, Washington, DC 
20423-0001.

PART 1243--QUARTERLY OPERATING REPORTS--RAILROADS

0
76. The authority citation for part 1243 continues to read as follows:

    Authority:  49 U.S.C. 721, 11145.


0
77. Revise the note to part 1243 to read as follows:

    Note:  The report forms prescribed by part 1243 are available 
upon request from the Office of Economics, Environmental Analysis, 
and Administration, Surface Transportation Board, Washington, DC 
20423-0001.

PART 1245--CLASSIFICATION OF RAILROAD EMPLOYEES; REPORTS OF SERVICE 
AND COMPENSATION

0
78. The authority citation for part 1245 continues to read as follows:


    Authority:  49 U.S.C. 721, 11145.

0
79. Revise the note to part 1245 to read as follows:

    Note:  The report forms prescribed by part 1245 are available 
upon request from the Office of Economics, Environmental Analysis, 
and Administration, Surface Transportation Board, Washington, DC 
20423-0001.

PART 1246--NUMBER OF RAILROAD EMPLOYEES

0
80. The authority citation for part 1246 continues to read as follows:

    Authority:  49 U.S.C. 721, 11145.


0
81. Amend Sec.  1246.1 by revising the note to read as follows:


Sec.  1246.1  Monthly report of number of railroad employees.

* * * * *

    Note:  The report forms prescribed by parts 1245 and 1246 are 
available upon request from the Office of Economics, Environmental 
Analysis, and Administration, Surface Transportation Board, 
Washington, DC 20423-0001.

PART 1248--FREIGHT COMMODITY STATISTICS

0
82. The authority citation for part 1248 continues to read as follows:

    Authority:  49 U.S.C. 721, 11144 and 11145.


0
83. Revise the note to part 1248 to read as follows:


[[Page 52912]]


    Note:  The report forms prescribed by part 1248 are available 
upon request from the Economics, Environmental Analysis, and 
Administration, Surface Transportation Board, Washington, DC 20423-
0001.


PART 1253--RATE-MAKING ORGANIZATION; RECORDS AND REPORTS

0
84. The authority citation for part 1253 continues to read as follows:

    Authority:  49 U.S.C. 721, 10706, 13703, 11144, and 11145.


0
85. Revise the note to part 1253 to read as follows:

    Note:  The report forms prescribed by part 1253 are available 
upon request from the Office of Economics, Environmental Analysis, 
and Administration, Surface Transportation Board, Washington, DC 
20423-0001.

0
86. Amend Sec.  1253.20 by revising paragraph (c) to read as follows:


Sec.  1253.20  Other records.

* * * * *
    (c) All rate bureaus are required to:
    (1) Advise the Board of any change in legal address by notifying 
the Chief, Section of Administration, Office of Proceedings; and
    (2) Submit information to the Board when requested.

PARTS 1260-1269--VALUATION

0
87. Revise the note to parts 1260--1269 to read as follows:

    Note: The report forms prescribed by parts 1260-1269 are 
available upon request from the Office of Economics, Environmental 
Analysis, and Administration, Surface Transportation Board, 
Washington, DC 20423-0001.


[FR Doc. E9-24674 Filed 10-14-09; 8:45 am]
BILLING CODE 4915-01-P