[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Rules and Regulations]
[Pages 13287-13288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05664]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1111

[Docket No. EP 732]


Revised Procedural Schedule In Stand-Alone Cost Cases

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (Board or STB) is revising 
its regulations by adjusting the procedural schedule in stand-alone 
cost (SAC) cases to conform with the Surface Transportation Board 
Reauthorization Act of 2015 (STB Reauthorization Act).

DATES: This rule is effective on April 8, 2016. This rule is not 
applicable to SAC cases filed before the STB Reauthorization Act's 
enactment date of December 18, 2015.

ADDRESSES: Information or questions regarding these final rules should 
reference Docket No. EP 732 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: Nathaniel Bawcombe at (202) 245-0376. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Because this administrative final rule 
amends 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 (APA).
    The Board is revising its regulations at 49 CFR 1111.8 so that the 
procedural schedule in SAC cases conforms with Section 11(b) of the STB 
Reauthorization Act.\1\ The Board intends to address implementation of 
other parts of Section 11 separately--including initiating a proceeding 
to assess procedures that are available to parties in litigation before 
courts to expedite litigation and the potential application of any such 
procedures to rate cases. The Board will also determine whether 
additional changes to the SAC case process are necessary in order for 
the Board to meet the expedited timeline for a final decision 
established under the STB Reauthorization Act.
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    \1\ The Board is also revising the authority listed under Part 
1111 to reflect the STB Reauthorization Act's redesignation of 
section 721 of Title 49 of the United States Code as section 1321.
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49 CFR 1111.8, Procedural Schedule in SAC Cases

    Section (a) will be revised to adjust the schedule in SAC cases to 
conform to the STB Reauthorization Act. Furthermore, to reconcile the 
SAC case schedule with determinations made in a prior rulemaking 
proceeding, the Board will amend its regulations to no longer require 
that the parties file evidence on the existence of product and 
geographic competition.\2\ Also, in line with the practice before the 
Board in recent SAC cases, only the complainant will file opening and 
rebuttal evidence, and only the defendant will file reply evidence. 
Both parties will continue to file final briefs.
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    \2\ In 1998, the Board instituted a rulemaking proceeding to 
reconsider whether product and geographic competition should be 
eliminated as factors in determining market dominance in rail rate 
cases. The Board concluded that evidence of product and geographic 
competition should be excluded because such evidence was not 
required by 49 U.S.C. 10707(a) and because of the substantial burden 
its inclusion imposed on the parties and the Board. Mkt. Dominance 
Determinations--Prod. & Geographic Competition, 3 S.T.B. 937 (1998). 
Accordingly, evidence regarding product and geographic competition 
has not been considered by the Board in market dominance 
determinations since that time.
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    The Board considers the day the complaint is filed to be Day 0. The 
deadlines for the conference of the parties (Day 7 or before) and the 
defendant's answer (Day 20) will remain the same as under the current 
rules. The deadline for discovery will move from Day 75 to Day 150. The 
complainant will have an additional 15 days (for a total of 60 days) 
from the close of discovery to submit its opening evidence.
    The defendant will continue to have 60 days from the deadline for 
opening evidence to file its reply evidence. The complainant will have 
an additional 5 days (for a total of 35 days) from the deadline for 
reply evidence to file its rebuttal evidence.
    The Board is adding two additional deadlines to Sec.  1111.8 in 
accordance with the STB Reauthorization Act. The first is that final 
briefs will be due 30 days after the deadline for rebuttal evidence.\3\ 
The second is that the Board will issue its decision no later than 180 
days after the close of the evidentiary record.
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    \3\ In order to expedite the adjudication of SAC cases, the STB 
Reauthorization Act provides that the Board must establish a 
schedule where final briefs are due ``not later than 60 days'' after 
the close of the evidentiary record. The purpose of the 30-day 
deadline for final briefs is to ensure that the Board has a full 
record of the parties' submissions as soon as practicable, thus 
facilitating a final decision.
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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 Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612, 
generally requires an agency to prepare a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Because the Board has determined that notice and comment are not 
required under the APA for this rulemaking, the requirements of the RFA 
do not apply.

List of Subjects in 49 CFR Part 1111

    Administrative practice and procedure, Investigations.

    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 the date of service. The rules are 
effective April 8, 2016.

    Decided: March 7, 2016.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.
Kenyatta Clay,
Clearance Clerk.

    For the reasons set forth in the preamble, the Surface 
Transportation Board amends parts 1111 of title 49, chapter X, of the 
Code of Federal Regulations as follows:

PART 1111--COMPLAINT AND INVESTIGATION PROCEDURES

0
1. Revise the authority citation for part 1111 to read as follows:

    Authority: 49 U.S.C. 10704, 11701, and 1321.


0
2. In Sec.  1111.8, revise paragraph (a) to read as follows:


Sec.  1111.8  Procedural schedule in stand-alone cost cases.

    (a) Procedural schedule. Absent a specific order by the Board, the

[[Page 13288]]

following general procedural schedule will apply in stand-alone cost 
cases:
    Day 0--Complaint filed, discovery period begins.
    Day 7 or before--Conference of the parties convened pursuant to 
Sec.  1111.10(b).
    Day 20--Defendant's answer to complaint due.
    Day 150--Discovery completed.
    Day 210--Complainant files opening evidence on absence of 
intermodal and intramodal competition, variable cost, and stand-alone 
cost issues.
    Day 270--Defendant files reply evidence to complainant's opening 
evidence.
    Day 305--Complainant files rebuttal evidence to defendant's reply 
evidence.
    Day 335--Complainant and defendant file final briefs.
    Day 485 or before--The Board issues its decision.
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[FR Doc. 2016-05664 Filed 3-11-16; 8:45 am]
BILLING CODE 4915-01-P