[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Proposed Rules]
[Pages 63276-63277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26309]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X

[EP 712]


Reducing Regulatory Burden; Retrospective Review Under E.O. 13563

AGENCY: Surface Transportation Board.

ACTION: Request for information.

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SUMMARY: In accordance with Executive Order 13563, ``Improving 
Regulation and Regulatory Review,'' and Executive Order 13579, 
``Regulation and Independent Regulatory Agencies,'' the Surface 
Transportation Board is undertaking review of its existing regulations 
to evaluate their continued validity and determine whether they are 
crafted effectively to solve current problems facing shippers and 
railroads. As part of this review, the Board seeks public comments on 
whether any of its regulations may be outmoded, ineffective, 
insufficient, or excessively burdensome, and how to modify, streamline, 
expand, or repeal them, as appropriate.

DATES: Comments are due by January 10, 2012.

ADDRESSES: Comments may be submitted either via the Board's e-filing 
process or in the traditional paper format. Any person using e-filing 
should attach a document and otherwise comply with the instructions at 
the E-Filing link on the Board's Web site, at http://www.stb.dot.gov. 
Any person submitting a filing in the traditional paper format should 
send an original and 10 copies to: Surface Transportation Board, Attn: 
Docket No. EP 712, 395 E Street, SW., Washington, DC 20423-0001.
    Copies of paper comments will be available for viewing and self-
copying at the Board's Public Docket Room, Room 131; paper and 
electronic copies will be posted to the Board's Web site.

FOR FURTHER INFORMATION CONTACT: Christopher Oehrle at 202-245-0375. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: On January 18, 2011, President Obama 
directed executive agencies to take steps to improve federal regulation 
and regulatory review. See Executive Order 13563, 76 FR 3,821-23 
(January 31, 2011). In particular, the President directed executive 
agencies to conduct a retrospective analysis of existing regulations 
and develop a preliminary plan to review periodically significant 
regulations to determine if such regulations should be modified, 
streamlined, expanded, or repealed so as to make the agency's 
regulatory program more effective or less burdensome in achieving the 
regulatory objectives. The order also called for public participation 
in this regulatory process.
    Although Executive Order 13563 did not apply to independent 
agencies, the Board reported its ongoing efforts to conduct, on a 
voluntary basis, an analysis of its existing regulations. On May 18, 
2011, the Board's Chairman sent a letter to the Administrator of the 
Office of Information and Regulatory Affairs that described the 
regulatory review the Board had already initiated and outlined the 
review the Board had planned for the next 2 years and beyond. The 
letter described two major initiatives to review significant areas of 
regulation that have not been comprehensively reviewed and amended over 
the last two decades: competition in the rail industry and 
environmental regulations. The Board listed several other initiatives 
to amend its regulations and procedures to make them more efficient and 
effective. See, e.g., EP 707, Demurrage Liability; EP 706, Reporting 
Requirement for Positive Train Control Expenses and Invs.; EP 702, 
Nat'l Trails System Act & R.R. Rights-of-Way; EP 699, Assessment of 
Mediation and Arbitration Procedures; EP 684, Solid Waste Rail Transfer 
Facilities. The Board also stated that it was reviewing the Uniform 
Rail Costing System, which is the Board's general purpose costing 
methodology for the nation's largest railroads, and planning to update 
it. A copy of the letter is available on the Board's Web site at http:/
/www.stb.dot.gov/stb/docs/2011AgencyPreliminaryPlan%20_
%20signed%20final%20051811.pdf.
    On July 11, 2011, President Obama requested that independent 
agencies comply with Executive Order 13563, to

[[Page 63277]]

the extent permissible by law. Specifically, independent agencies were 
asked to retrospectively analyze existing regulations and produce a 
plan to periodically reassess and streamline their existing 
regulations. See Executive Order 13579, 76 FR 41,587-88 (July 14, 
2011). To facilitate this process, the Board institutes this proceeding 
and provides interested members of the public with an opportunity to 
comment and participate in the Board's retrospective review.
    Consistent with the President's directive, the Board asks those 
filing comments to:
     Specifically identify which of the Board's existing 
regulations or reporting requirements are outmoded, ineffective, 
insufficient, or excessively burdensome, and explain why;
     Propose which regulations should be modified, streamlined, 
expanded, or repealed;
     Provide evidentiary support to help the Board analyze the 
costs and benefits (both quantitative and qualitative) of any proposed 
changes; and
     Suggest an appropriate timeframe for conducting the next 
retrospective review of the agency's regulations and reporting 
requirements.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. Comments are due by January 10, 2012.
    2. Notice of this decision will be published in the Federal 
Register.
    3. This decision is effective on its date of service.

    Decided: October 5, 2011.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-26309 Filed 10-11-11; 8:45 am]
BILLING CODE 4915-01-P