[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Rules and Regulations]
[Pages 12940-12946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05831]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

49 CFR Parts 1002, 1012, 1104, 1110, 1111, 1113, 1130, 1132, 1150, 
1152, 1155, 1182, 1244, 1312, and 1313

[Docket No. EP 747]


Payment, Filing, and Service Procedures

AGENCY: Surface Transportation Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Surface Transportation Board (Board or STB) adopts 
modifications to its rules pertaining to certain payment, filing, and 
service procedures. The adopted rule also updates and clarifies fees 
for copying, printing, and related services and removes outdated 
language from the Board's regulations.

DATES: This rule is effective on May 10, 2019.

ADDRESSES: Requests for information or questions regarding this final 
rule should reference Docket No. EP 747 and be submitted via the 
Board's e-filing format or in writing addressed to: Chief, Section of 
Administration, Office of Proceedings, Surface Transportation Board, 
395 E Street SW, Washington, DC 20423-0001. Any person using e-filing 
should attach a document and otherwise comply with the instructions 
found on the Board's website at www.stb.gov at the E-Filing link.

FOR FURTHER INFORMATION CONTACT: Sarah Fancher, (202) 245-0355. 
Assistance for the hearing impaired is available through Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: In April 2017, the Board established its 
Regulatory Reform Task Force (RRTF) to comply with the spirit of 
Executive Order 13777. The RRTF's mission is to identify Board rules 
and practices that are burdensome, unnecessary, or outdated and to 
recommend how they should be addressed. See Regulatory Reform Task 
Force, EP 738 (STB served June 20, 2017). In a status report issued in 
May 2017, the RRTF identified the Board's payment and filing procedures 
as a potential area for reform and, following stakeholder input, 
recommended in its November 2017 status report that the Board update 
procedural and filing rules that are in need of modernization.\1\ The 
Board issued a notice of proposed rulemaking to revise and update its 
regulations relating to methods of payment, filing procedures, 
electronic service of Board decisions, and fees for copying, printing, 
and related services. Payment, Filing, & Serv. Procedures (NPRM), EP 
747 (STB served Aug. 24, 2018) (83 FR 42852). The Board received 
comments on the NPRM from the National Association of Reversionary 
Property Owners (NARPO), Gordon MacDougall, and the Western Coal 
Traffic League (WCTL).
---------------------------------------------------------------------------

    \1\ These status reports can both be accessed on the Board's 
website.
---------------------------------------------------------------------------

    After considering the comments and reviewing the proposed 
procedures, the Board is adopting a final rule with modifications to 
the electronic service (e-service) proposal. The final rule also 
removes references to ``computer diskettes.'' The text of the final 
rule is below.
    The proposed rule. The NPRM outlined proposals intended to promote 
increased use of electronic filing and payment systems, which would 
result in cost savings to both the Board and the public.\2\ These 
proposals would also increase the accessibility of information relating 
to proceedings and functions of the Board.
---------------------------------------------------------------------------

    \2\ As explained in more detail in the NPRM, these changes apply 
to the regulations as shown below, as well as to Board procedures 
related to payment, filings, and service.
---------------------------------------------------------------------------

    Specifically, the NPRM proposed to revise Board filing fee payment 
options by adding an electronic payment option. NPRM, EP 747, slip op. 
at 2-4. The NPRM explained that the Board would implement the 
electronic payment option through Pay.gov, a website operated by the 
U.S. Department of the Treasury that allows payment of government fees 
through bank accounts, credit cards, debit cards with a MasterCard or 
Visa logo, and digital wallet. Given the availability and efficiency of 
an electronic payment option, the NPRM proposed to eliminate billing 
accounts and direct credit card payments to the Board. NPRM, EP 747, 
slip op. at 3. The NPRM proposed corresponding payment option changes 
to the regulations governing fees for recordations, water carrier 
tariffs, and contract summaries.
    The NPRM explained that these payment option changes would 
eliminate the need to require paper filings for initial pleadings and 
other pleadings with associated fees, thereby allowing expanded use of 
electronic filing (e-filing). NPRM, EP 747, slip op. at 4-6. The Board 
proposed to allow all filings (subject to the current limit of 100 
megabytes or less) \3\ to be e-filed, unless alternative filing 
procedures are required. The proposed rule would also require that any 
fees associated with e-filings be paid electronically.
---------------------------------------------------------------------------

    \3\ This current limitation is discussed later in the decision.
---------------------------------------------------------------------------

    The NPRM also proposed to modify the requirements for paper filers 
to reduce the burden on those filers. NPRM, EP 747, slip op. at 6-7. 
The Board proposed to eliminate the requirement to file 10 copies of 
paper filings in most proceedings and instead require paper filers 
generally to file only the original paper filing.\4\ The proposed

[[Page 12941]]

changes would also eliminate the requirement that electronic versions 
of filings that are 20 or more pages in length be submitted on compact 
discs or 3.5-inch floppy diskettes. Instead, the proposed regulations 
would require filings that are 20 or more pages in length to be 
accompanied by electronic versions and would direct filers to the 
Board's website for information on how to provide those electronic 
versions. The NPRM also proposed to revise outdated format requirements 
regarding the submission of evidence or workpapers by directing filers 
to the Board's website for information on acceptable formats for such 
evidence.
---------------------------------------------------------------------------

    \4\ The Board would reserve the right to require filers (both e-
filers and paper filers) to provide paper copies of filings when 
necessary. The NPRM also indicated that the Board would retain the 
current requirement regarding the number of paper copies in merger 
proceedings (49 CFR 1180.4).
---------------------------------------------------------------------------

    The Board also proposed e-service of decisions. NPRM, EP 747, slip 
op. at 7-8. Parties who consent to e-service in a particular proceeding 
would be emailed decisions in that proceeding, instead of receiving 
paper service of Board decisions by mail.\5\ The NPRM explained that e-
filing by a party in a proceeding would constitute that party's consent 
to e-service. The Board's updated e-filing form would allow users to 
provide email address(es) to be used for e-service. Id. In addition, 
the NPRM explained that if a party makes a paper filing and includes an 
email address(es) on that filing, a letter would be sent informing that 
filer that such email address(es) would be used on the service list for 
that proceeding. The letter would explain that the filer may opt out of 
e-service via written notification to the Board or provide a different 
email address(es) for e-service. For proceedings that are open at the 
time these rules become effective, the Board proposed that a party's 
email address would be added to the e-service list if the party: (1) 
Utilizes e-filing or (2) does not opt out of e-service after making a 
paper filing that includes an email address. The proposal provided that 
paper service would continue for parties who do not consent to e-
service in the manners discussed above.
---------------------------------------------------------------------------

    \5\ The NPRM explained that the Board would continue to serve 
paper copies of Board decisions as a backup to e-service during the 
early stages of e-service implementation. The Board expects that 
this transitional, dual-service period would last for up to three 
months after the effective date of this rule.
---------------------------------------------------------------------------

    The NPRM proposed to modify the charge for copying and printing 
tariffs, reports, and other public documents at 49 CFR 1002.1(d) at a 
rate of $0.25 per letter or legal size exposure, with a minimum charge 
of $7.50. NPRM, EP 747, slip op. at 8, 11. Also, the NPRM proposed 
making the first 100 pages of copying or printing under Sec.  1002.1(d) 
free. Id. at 8. With respect to documents not considered public under 
the Board's Freedom of Information Act regulations, the NPRM proposed 
reducing the charge to $0.25 per letter or legal size exposure, with a 
minimum charge of $7.50 for copying and printing documents. See 49 CFR 
1002.1(f)(7) below.
    Lastly, the Board proposed minor updates to obsolete language, 
including addresses and telephone numbers. See 49 CFR 1012.2(a); 
1012.3(b)(5); 1132.1; 1312.4.
    Comments. As discussed below, the comments generally sought 
clarification and minor modifications concerning the proposed 
procedures.
    NARPO asks whether electronic payments through Pay.gov include the 
option of electronic wire transfers. (NARPO Comments 1.) Pay.gov 
accepts the transfer of funds through bank accounts, which is a similar 
process to wire transfers.\6\
---------------------------------------------------------------------------

    \6\ For more information on acceptable methods of payment on 
Pay.gov, see https://www.pay.gov/WebHelp/HTML/about.html, and click 
on ``About Payments.''
---------------------------------------------------------------------------

    MacDougall notes the Board's goal of increased use of e-filing and 
states that the Board should not discourage filings made in other forms 
because filing entities may not be familiar with e-filing and/or email. 
(MacDougall Comments 2-3.) As proposed in the NPRM, the Board would 
encourage the use of e-filing but continue to accept paper filings at 
this time. To assist the public, the Board's website provides guidance 
regarding filing procedures. In addition, filers can contact Board 
staff by phone for filing assistance.
    Next, MacDougall raises concerns that requiring paper filers to 
file only an original copy will negatively affect availability of 
filings to Board staff and the public. (Id. at 3.) MacDougall's 
concerns are misplaced. Board staff will continue to ensure that 
filings, whether e-filed or filed in paper, are promptly and 
appropriately distributed within the agency. Similarly, elimination of 
the paper copies requirement will not materially affect the timing of 
posting of new filings to the Board's website or availability for 
public examination. The Board strives to efficiently process both paper 
filings and e-filings, and generally filings are posted to the Board's 
website within one business day of submission.
    Lastly, MacDougall suggests revising the Board's waiver and filing 
fee rules to include a grace period ``for honest mistakes in the 
submission of an incorrect fee.'' (Id. at 3-4.) The Board concludes 
that this modification is not necessary. Board staff is available for 
assistance with determining the correct fee prior to filing, and with 
correction of any errors discovered after filing.\7\
---------------------------------------------------------------------------

    \7\ For assistance regarding filing and/or filing fees, please 
call (202) 245-0350.
---------------------------------------------------------------------------

    WCTL generally supports the Board's proposal, with certain caveats. 
Regarding the Board's proposal to remove outdated language at current 
49 CFR 1104.3(b) (requiring the submission of workpapers in formats 
that are not commonly used today), WCTL recognizes that the format for 
electronic workpaper submission should be fluid, but it expresses 
concern that the Board has not provided details regarding the 
submission of electronic workpapers under 100 megabytes and instead has 
provided a placeholder in the proposed regulations that directs filers 
to the Board's website. (WCTL Comments 2.) WCTL suggests that the Board 
provide those details before finalizing changes to the existing rule. 
(Id. at 2, 10.) As stated in the NPRM, electronic workpapers under 100 
megabytes may be submitted via e-filing and will be accepted by email, 
compact disc, or USB flash drive. NPRM, EP 747, slip op. at 5, 6 n.15. 
Guidance regarding acceptable software formats, which will be posted on 
the Board's website by the effective date of the new rule, will 
generally reflect current practices, and Board staff will be available 
to provide assistance. In rate reasonableness proceedings, files are 
typically submitted via hard drive or flash drive and those formats 
will continue to be acceptable.\8\ The Board will continue to accept 
common electronic filing formats used by practitioners, and the Board 
will keep parties updated on improvements to its electronic systems, 
including updated versions of its word processing, database, and other 
software programs.
---------------------------------------------------------------------------

    \8\ The Board notes that in rate reasonableness proceedings, 
workpaper formatting will continue to be governed on case-by-case 
basis pursuant to procedural orders in individual proceedings.
---------------------------------------------------------------------------

    Next, WCTL supports the proposed expansion of e-filing but suggests 
that the Board should allow e-filings in excess of 100 megabytes by 
revising its systems or establishing a secondary system. (WCTL Comments 
2, 8-9.) At this time, the Board must continue to limit the size of e-
filings to 100 megabytes or less due to technical limitations in the 
agency's current e-filing system, which cannot support uploading larger 
files.\9\ As the Board continues to work to improve its e-filing 
system, it will keep interested parties apprised of updates to 
technological capabilities that would allow the Board

[[Page 12942]]

to accept e-filings larger than 100 megabytes.\10\
---------------------------------------------------------------------------

    \9\ The Board previously only accepted e-filings of up to 10 
megabytes, but recently began accepting larger e-filings of up to 
100 megabytes.
    \10\ The Board's website will continue to provide guidance 
regarding filing procedures. Any updates to technological 
capabilities or increased filing sizes would be posted on the 
website, without additional regulatory changes.
---------------------------------------------------------------------------

    Lastly, WCTL suggests eliminating the requirement in current 49 CFR 
1104.3(a), which states that ``[a]ppropriate notes or other indications 
shall be used so that matters shown in color on the original, but in 
black and white on the copies, will be accurately identified on all 
copies.'' (WCTL Comments 11.) WCTL states that the need to identify 
color on the original is unnecessary for almost all applications under 
the Board's proposal, and that this ``hold-over language'' ought to be 
eliminated. (Id.) The Board agrees that due to the increase in e-filing 
and the proposed elimination of paper filing copies in most instances, 
the need for this requirement may be reduced. However, because the 
requirement is not burdensome and would remain helpful in those 
instances where paper copies are filed, the adopted rules will retain 
that requirement, which will now be in 49 CFR 1104.3(b).
    Updates to e-service procedures. The Board is modifying the e-
service procedures described in the NPRM where the Board proposed, 
among other things, to mail letters to certain paper filers notifying 
them that they would receive e-service and did not propose to include a 
corresponding regulation. Under both the NPRM's proposed procedure and 
the new procedure, two groups of filers will be deemed to have 
consented to e-service: (1) E-filers, and (2) paper filers that include 
email contact information on their filing and do not opt out of e-
service via written notification.\11\ With respect to the latter 
category, and in a departure from the Board's original proposal, the 
Board will not send such paper filers a letter informing them that the 
email address(es) on the filing would be used on the service list. The 
Board is also adopting a new regulation at 49 CFR 1104.12, in which the 
Board describes these e-service procedures and specifies that paper 
filers that have not consented to e-service or that have opted out will 
be served by first-class mail. It is anticipated that the new 
regulation and procedures will increase participation in e-service and 
reduce the Board's costs.
---------------------------------------------------------------------------

    \11\ Those who wish to opt out may send written notification to 
the Board by mail or email at [email protected].
---------------------------------------------------------------------------

    The NPRM stated that, for proceedings that are open at the 
effective date of the rule, a party's email address would be added to 
the e-service list if the party: (1) Utilizes e-filing or (2) does not 
opt out of e-service after making a paper filing that includes an email 
address. Parties wishing to ensure that they receive e-service in open 
proceedings are encouraged to e-file a single letter listing all the 
docket(s) in which they would like to receive e-service.
    Finally, the Board encourages anyone who anticipates receiving e-
service from the Board to add the email addresses [email protected] 
and [email protected] to their email contact information.\12\ This will 
help prevent emails from those addresses being sent to junk mail 
folders.
---------------------------------------------------------------------------

    \12\ Initially, service will be made from the 
[email protected] address. That address will eventually be 
replaced with [email protected].
---------------------------------------------------------------------------

    Updates to additional regulations. In the NPRM, the Board proposed 
to no longer require that electronic versions of documents or pleadings 
be submitted on compact discs or 3.5-inch floppy diskettes. NPRM, slip 
op. at 6 (describing changes to section 1104.3(b)). For consistency 
with those changes, the final rule also removes outdated references to 
diskettes in additional regulations in 49 CFR parts 1150 and 1152, 
governing transactions that involve the creation of Class I or Class II 
rail carriers and procedures for abandonments or discontinuances of 
rail service. Specifically, the final rule eliminates the requirement 
that a copy of the draft Federal Register notice be submitted ``as data 
contained on a computer diskette.'' See 49 CFR 1152.22(i), 1152.60(c). 
Similarly, the final rule also removes this same language from the 
procedures governing applications for land-use-exemption permits at 49 
CFR 1155.21(e).
    Conclusion. The Board will adopt the rule modifications proposed in 
the NPRM, subject to the refinements noted above. The Board anticipates 
that the changes in this final rule will, among other things, 
significantly increase the percentage of electronic filings the agency 
receives, the use of electronic payment systems, and the efficiency of 
service of Board decisions. After implementation of this final rule, 
the Board will endeavor on an ongoing basis to improve its filing and 
information systems in ways that will add value to the public by 
monitoring the number of paper filings received, assessing the 
effectiveness of and participation in electronic service of decisions, 
and reviewing the technological limitations and functionality of the e-
filing system.

Administrative Procedure Act and Regulatory Flexibility Act

    As the Board stated in the NPRM, these revisions to the regulations 
are not subject to the provisions of the Administrative Procedure Act 
(APA) requiring notice and opportunity for public comment. See 5 U.S.C. 
553(b)(3)(A). However, the proposed rules were published for notice and 
comment because the Board determined that it would be useful to do so. 
Regardless, because the Board determined that notice and comment were 
not required under the APA, the requirements of the Regulatory 
Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996, 5 U.S.C. 601-612, also do not apply.
    It is ordered:
    1. The Board adopts the final rule as set forth in this decision. 
Notice of the adopted rule will be published in the Federal Register.
    2. This decision is effective on May 10, 2019.

List of Subjects

49 CFR Part 1002

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

49 CFR Part 1012

    Sunshine Act.

49 CFR Part 1104

    Administrative practice and procedure.

49 CFR Part 1110

    Administrative practice and procedure.

49 CFR Part 1111

    Administrative practice and procedure, Investigations.

49 CFR Part 1113

    Administrative practice and procedure.

49 CFR Part 1130

    Administrative practice and procedure.

49 CFR Part 1132

    Administrative practice and procedure.

49 CFR Part 1150

    Administrative practice and procedure, Railroads.

49 CFR Part 1152

    Administrative practice and procedure, Railroads, Reporting and

[[Page 12943]]

recordkeeping requirements, Uniform System of Accounts.

49 CFR Part 1155

    Administrative practice and procedure, Railroads, Waste treatment 
and disposal.

49 CFR Part 1182

    Administrative practice and procedure, Motor carriers.

49 CFR Part 1244

    Freight, Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1312

    Freight forwarders, Maritime carriers, Motor carriers, Moving of 
household goods, Pipelines, Railroads.

49 CFR Part 1313

    Administrative practice and procedure, Agricultural commodities, 
Forests and forest products, Railroads.

    Decided: March 22, 2019.

    By the Board, Board Members Begeman, Fuchs, and Oberman.
Jeffrey Herzig,
Clearance Clerk.

    For the reasons set forth in the preamble, the Surface 
Transportation Board amends parts 1002, 1012, 1104, 1110, 1111, 1113, 
1130, 1132, 1150, 1152, 1155, 1182, 1244, 1312, and 1313 of title 49, 
chapter X, of the Code of Federal Regulations as follows:

PART 1002--FEES

0
1. The authority citation for part 1002 is revised to read as follows:

    Authority:  5 U.S.C. 552(a)(4)(A), (a)(6)(B), and 553; 31 U.S.C. 
9701; and 49 U.S.C. 1321. Section 1002.1(f)(11) is also issued under 
5 U.S.C. 5514 and 31 U.S.C. 3717.


0
2. Amend Sec.  1002.1 as follows:
0
a. In paragraph (c), remove the word ``identical'' and add in its place 
``incidental'';
0
b. Revise paragraph (d);
0
c. In paragraph (e), remove ``Room 1200,'';
0
d. Remove paragraph (f) and redesignate paragraphs (g) through (i) as 
paragraphs (f) through (h);
0
e. Revise newly redesignated paragraph (f)(7);
0
f. Remove newly redesignated paragraph (f)(8) and redesignate 
paragraphs (f)(9) through (18) as (f)(8) through (17);
0
g. In newly redesignated paragraph (f)(14), remove ``(g)(15)'' and add 
``(f)(14)'' in its place; and
0
h. Revise newly redesignated paragraph (g).
    The revisions read as follows:


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

* * * * *
    (d) Copies or computer printouts of tariffs, reports, and other 
public documents, at the rate of $.25 per letter or legal size 
exposure, only after the first 100 pages, with a minimum charge of 
$7.50. Copies of electronic records, audiovisual materials, or other 
forms of data are available at the actual cost of duplication or 
transcription.
* * * * *
    (f) * * *
    (7) The fee for copies or computer printouts shall be $.25 per 
letter or legal size exposure, with a minimum charge of $7.50. Copies 
of electronic records, audiovisual materials, or other forms of data 
are available at the actual cost of duplication or transcription.
* * * * *
    (g) Fees for services described in paragraphs (a) through (f) of 
this section may be paid by check, money order, or through the Board's 
electronic payment system in accordance with Sec.  1002.2(a)(2).
* * * * *

0
3. Amend Sec.  1002.2 as follows:
0
a. In paragraph (a)(1), remove the second sentence;
0
b. Remove paragraph (a)(2);
0
c. Redesignate paragraph (a)(3) as paragraph (a)(2);
0
d. Revise newly redesignated paragraph (a)(2); and
0
e. Revise paragraph (b).
    The revisions read as follows:


Sec.  1002.2  Filing fees.

    (a) * * *
    (2) Filing fees for all e-filings must be paid via the Board's 
electronic payment system found on the Board's website. Filing fees for 
other filings may be paid via the electronic payment system, but will 
also be accepted payable to the Surface Transportation Board, either by 
check payable in United States currency drawn upon funds deposited in a 
United States or foreign bank or other financial institution, or by 
money order payable in United States currency.
    (b) Any filing that is not accompanied by the appropriate filing 
fee or a request for waiver of the fee is deficient. If a filer 
requests a fee waiver but does not submit the appropriate fee, the 
filing is held for processing until a determination has been made on 
the fee waiver request. If the filer requests a fee waiver and submits 
the appropriate fee, the filing is accepted and the Board refunds the 
fee or a portion thereof if the fee waiver is ultimately granted.
* * * * *

PART 1012--MEETINGS OF THE BOARD

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

    Authority:  5 U.S.C. 552b(g), 49 U.S.C. 1301, 1321.


Sec.  1012.2   [Amended]

0
5. In Sec.  1012.2(a), remove the words ``located at 1925 K Street, NW, 
Washington, DC''.


Sec.  1012.3   [Amended]

0
6. In Sec.  1012.3(b)(5), remove the second sentence.

0
7. In Sec.  1012.6, revise paragraph (a) to read as follows:


Sec.  1012.6  Petitions seeking to open or close a meeting.

    (a) The Board will entertain petitions requesting either the 
opening of a meeting proposed to be closed to the public or the closing 
of a meeting proposed to be open to the public. In the case of a 
meeting of the Board, or a Division or committee of the Board, a 
petition shall be filed.
* * * * *

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

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

    Authority:  5 U.S.C. 553 and 559; 18 U.S.C. 1621; and 49 U.S.C. 
1321.


0
9. In Sec.  1104.1, revise paragraph (e) to read as follows:


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

* * * * *
    (e) Unless otherwise directed by the Board, persons filing 
pleadings and documents with the Board have the option of 
electronically filing (e-filing) pleadings and documents instead of 
filing paper copies. Details regarding file size limitations, 
permissible formats, procedures to be followed, acceptable signature 
formats, and other pertinent information are available on the Board's 
website, www.stb.gov. If the e-filing option is chosen, then the 
applicable requirements will be those specified on the Board's website, 
and any requirements of this part that specifically apply to filing of 
paper copies will not apply to the e-filed pleadings and documents 
(these requirements include, but are not limited to, stapling or 
binding specifications, signature ``in ink,'' etc.). Persons are not 
required to e-file and may continue to use the Board's processes for 
filing paper copies.

[[Page 12944]]


0
10. Revise Sec.  1104.3 to read as follows:


Sec.  1104.3  Paper filings, electronic submissions, and copies.

    (a) The executed original of a paper pleading or document permitted 
or required to be filed under this subchapter, including 
correspondence, must be furnished for the use of the Board. Textual 
submissions of 20 or more pages must be accompanied by an electronic 
version. Details regarding electronic submissions, including evidence, 
workpapers, and other pertinent information are available on the 
Board's website, www.stb.gov.
    (b) The Board may, at its discretion, request paper copies of a 
pleading, document, or paper filed or e-filed with the Board. Any such 
copies must be clear and legible. Appropriate notes or other 
indications shall be used so that matters shown in color on the 
original, but in black and white on copies, will be accurately 
identified on all copies.

0
11. In Sec.  1104.12, revise the section heading and add paragraph (d) 
following the parenthetical citation to read as follows:


Sec.  1104.12  Service of pleadings, papers, and decisions.

* * * * *
    (d) Service by the Board. Service of decisions and other Board 
issuances as appropriate generally will be made by electronic means (e-
service), except in the case of paper filers that have not consented to 
e-service, in which case service upon that recipient will be made by 
first-class mail. Paper filers that include email contact information 
on their filing and do not opt out of e-service via written 
notification will be deemed to have consented to e-service.

PART 1110--PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS

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

    Authority:  49 U.S.C. 1321.


0
13. In Sec.  1110.2, revise paragraph (c)(1) to read as follows:


Sec.  1110.2  Opening of proceeding.

* * * * *
    (c) * * *
    (1) Be submitted to the Chief, Section of Administration, Office of 
Proceedings, Surface Transportation Board, Washington DC;
* * * * *


Sec.  1110.6  [Amended]

0
14. In Sec.  1110.6(a), remove the phrase ``and one copy''.

PART 1111--COMPLAINT AND INVESTIGATION PROCEDURES

0
15. The authority citation for part 1111 continues to read as follows:

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


0
16. In Sec.  1111.4, revise the sixth sentence and remove the seventh 
sentence to read as follows:


Sec.  1111.4  Service.

    * * * The complaint should be filed with the Board together with an 
acknowledgment of service by the persons served or proof of service in 
the form of a statement of the date and manner of service, of the names 
of the persons served, and of the addresses to which the papers were 
mailed or at which they were delivered, certified by the person who 
made service.

0
17. In Sec.  1111.5, revise paragraph (c) to read as follows:


Sec.  1111.5  Answers and cross complaints.

* * * * *
    (c) Time for filing; copies; service. An answer must be filed with 
the Board within 20 days after the service of the complaint or within 
such additional time as the Board may provide. The defendant must serve 
copies of the answer upon the complainant and any other defendants.
* * * * *

PART 1113--ORAL HEARING

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

    Authority:  5 U.S.C. 559; 49 U.S.C. 1321.


0
19. In Sec.  1113.7, revise paragraph (e) to read as follows:


Sec.  1113.7  Intervention; petitions.

* * * * *
    (e) Copies; service; replies. When a petition for leave to 
intervene is tendered at the hearing, sufficient copies of the petition 
must be provided for distribution to the parties represented at the 
hearing. When a petition for leave to intervene is not tendered at the 
hearing, the petition should be submitted to the Board together with a 
certificate that service has been made by petitioner. Any reply in 
opposition to a petition for leave to intervene not tendered at the 
hearing must be filed within 20 days after service of the petition to 
intervene. At the discretion of the Board, leave to intervene may be 
granted or denied before the expiration of the time allowed for 
replies.
* * * * *

0
20. In Sec.  1113.13, revise the section heading and remove the last 
sentence of the paragraph to read as follows:


Sec.  1113.13  Filing evidence subsequent to hearing.

* * * * *

PART 1130--INFORMAL COMPLAINTS

0
21. The authority citation for part 1130 continues to read as follows:

    Authority:  49 U.S.C. 1321, 13301(f), 14709.


0
22. In Sec.  1130.1, revise paragraph (a) to read as follows:


Sec.  1130.1  When no damages sought.

    (a) Form and content. Informal complaint may be by letter or other 
writing filed with the Board and will be serially numbered as filed. 
The complaint must contain the essential elements of a formal complaint 
as specified at 49 CFR 1111.2 and may embrace supporting papers.
* * * * *

0
23. In Sec.  1130.2, revise the last sentence of paragraph (f) to read 
as follows:


Sec.  1130.2  When damages sought.

* * * * *
    (f) * * * Any petition for reconsideration should be filed with the 
Board.
* * * * *

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

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

    Authority:  49 U.S.C. 1321, 13301(f), and 13703.


0
25. Amend Sec.  1132.1 as follows:
0
a. Remove paragraph (c);
0
b. Redesignate paragraphs (d) and (e) as paragraphs (c) and (d);
0
c. Revise newly redesignated paragraph (c); and
0
d. Remove the second sentence of newly redesignated paragraph (d).
    The revision reads as follows:


Sec.  1132.1  Protest against collective ratemaking actions.

* * * * *
    (c) Copies; service. Every protest or reply filed under this 
section should be directed to the attention of the Chief, Section of 
Administration, Office of Proceedings, Surface Transportation Board. 
One copy of each protest or reply filed under this section 
simultaneously must be served upon the publishing carrier or collective 
ratemaking

[[Page 12945]]

organization, and upon other persons known by protestant to be 
interested.
* * * * *

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

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

    Authority:  49 U.S.C. 1321(a), 10502, 10901, and 10902.


Sec.  1150.10   [Amended]

0
27. Amend Sec.  1150.10 as follows:
0
a. In paragraph (b), remove the words ``The original and 10 copies of 
the application'' and add in their place ``An application'' and remove 
the words ``application shall include'' and add in their place 
``application may include''; and
0
b. In paragraph (g), remove ``(with 10 copies)'' and remove ``49 CFR 
1112.1 et seq.'' and add in its place ``49 CFR part 1112''.


Sec.  1150.16   [Amended]

0
28. In Sec.  1150.16, remove the reference to ``(plus three copies)''.


Sec.  1150.45   [Amended]

0
29. In Sec.  1150.45, remove the last sentence of paragraph (d).

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

0
30. 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. 1301, 1321(a), 10502, 10903-10905, and 
11161.


Sec.  1152.21   [Amended]

0
31. In Sec.  1152.21, in the Notice of Intent, remove the words ``The 
original and 10 copies of all comments or protests'' and add in their 
place ``Every comment or protest''.


Sec.  1152.22   [Amended]

0
32. In Sec.  1152.22(i):
0
a. Remove the second sentence of the introductory text; and
0
b. In the Notice of Application, remove the words ``The original and 10 
copies of all comments or protests'' and add in their place ``Every 
comment or protest''.

0
33. In Sec.  1152.24, revise paragraph (a) to read as follows:


Sec.  1152.24  Filing and service of application.

    (a) The application shall be filed with the Chief, Section of 
Administration, Office of Proceedings, Washington, DC 20423-0001. The 
application shall bear the date and signature and shall be complete in 
itself. The applicable filing fee must be paid by check, money order, 
or through the Board's electronic payment system (see 49 CFR part 
1002). If the applicant carrier is in bankruptcy, the application shall 
also be filed on the bankruptcy court.
* * * * *

0
34. Amend Sec.  1152.25 as follows:
0
a. Remove paragraph (c)(2);
0
b. Redesignate paragraphs (c)(3) and (4) as paragraphs (c)(2) and (3).
0
c. Revise newly redesignated paragraph (c)(3); and
0
d. Revise paragraphs (e)(1)(iii), (e)(4) and (6), and (e)(7)(i).
    The revisions read as follows:


Sec.  1152.25  Participation in abandonment or discontinuance 
proceedings.

* * * * *
    (c) * * *
    (3) Replies or rebuttal to written comments and protests shall be 
filed and served by applicants no later than 60 days after the filing 
of the 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). Any appeals, and 
replies to appeals, under this section must be filed with the Board.
* * * * *
    (4) Petitions to reopen administratively final actions. A person 
may file with the Board a petition to reopen any administratively final 
action of the Board. A petition to reopen shall state in detail the 
respects in which the proceeding involves material error, new evidence, 
or substantially changed circumstances.
* * * * *
    (6) Petitions to vacate. In the event of procedural defects (such 
as the loss of a properly filed protest, the failure of the applicant 
to afford the public the requisite notice of its proposed abandonment, 
etc.), the Board will entertain petitions to vacate the abandonment or 
discontinuance authorization. Any petitions to vacate must be filed 
with the Board.
    (7) * * *
    (i) The filing of a petition to reopen shall not stay the effect of 
a prior action. Any petition to stay must be filed with the Board.
* * * * *

0
35. In Sec.  1152.60(c), revise the note to the Draft Federal Register 
Notice to read as follows:


Sec.  1152.60  Special rules.

* * * * *
    (c) * * *
    Draft Federal Register Notice. The petitioner shall submit a draft 
notice of its petition to be published by the Board within 20 days of 
the petition's filing with the Board. The draft notice shall be in the 
form set forth below:
* * * * *

PART 1155--SOLID WASTE RAIL TRANSFER FACILITIES

0
36. The authority citation for part 1155 continues to read as follows:

    Authority:  49 U.S.C. 1321(a), 10908, 10909, 10910.


Sec.  1155.21   [Amended]

0
37. In Sec.  1155.21(e), remove the second sentence.


Sec.  1155.23   [Amended]

0
38. Amend Sec.  1155.23 as follows:
0
a. In paragraph (c)(1), remove the second sentence;
0
b. In paragraph (c)(2), remove the second sentence; and
0
c. In paragraph (c)(3), remove the second sentence.

PART 1182--PURCHASE, MERGER, AND CONTROL OF MOTOR PASSENGER 
CARRIERS

0
39. The authority citation for part 1182 continues to read as follows:

    Authority:  5 U.S.C. 559; 21 U.S.C. 862; and 49 U.S.C. 13501, 
13541(a), 13902(c), and 14303.


Sec.  1182.7   [Amended]

0
40. In Sec.  1182.7(e)(2), remove the words ``The original and 10 
copies of the'' and add in their place ``The''.


Sec.  1182.8   [Amended]

0
41. In Sec.  1182.8(b), remove paragraph (b) and redesignate paragraphs 
(c) through (f) as paragraphs (b) through (e).

PART 1244--WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY--
RAILROADS

0
42. The authority citation for part 1244 continues to read as follows:

    Authority:  49 U.S.C. 1321, 10707, 11144, 11145.


Sec.  1244.9   [Amended]

0
43. Amend Sec.  1244.9 as follows:

[[Page 12946]]

0
a. In paragraph (d)(3)(i), add the words ``with the Director, Office of 
Economics, Surface Transportation Board, Washington, DC,'' after 
``shipper'';
0
b. Remove paragraph (d)(3)(ii) and redesignate paragraph (d)(3)(iii) as 
paragraph (d)(3)(ii);
0
c. In paragraph (e)(2), remove the words ``An original and 2 copies of 
the'' and add in their place ``The''; and
0
d. In paragraph (g)(3), remove the words ``An original and three (3) 
copies of the'' and add in their place ``The''.

PART 1312--REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF 
TARIFFS FOR THE TRANSPORTATION OF PROPERTY BY OR WITH A WATER 
CARRIER IN NONCONTIGUOUS DOMESTIC TRADE

0
44. The authority citation for part 1312 continues to read as follows:

    Authority:  49 U.S.C. 1321(a), 13702(a), 13702(b) and 13702(d).


Sec.  1312.4   [Amended]

0
45. Amend Sec.  1312.4 as follows:
0
a. In paragraph (a)(1), remove ``1925 K Street, NW,'';
0
b. In paragraph (a)(2)(iii), remove the words ``enclosed, the account 
number to be billed, or the credit card to be charged;'' and add in 
their place ``method of payment (pursuant to 49 CFR 1002.2(a)); and'';
0
c. In paragraph (a)(2)(iv), remove ``; and'' and add in its place a 
period; and
0
d. Remove paragraph (a)(2)(v).

PART 1313--RAILROAD CONTRACTS FOR THE TRANSPORTATION OF 
AGRICULTURAL PRODUCTS

0
46. The authority citation for part 1313 continues to read as follows:

    Authority:  49 U.S.C. 1321(a) and 10709.


0
47. In Sec.  1313.4, revise paragraphs (a)(3)(iii) and (iv) and remove 
paragraph (a)(3)(v) to read as follows:


Sec.  1313.4  Filing procedures and formats for contract summaries.

    (a) * * *
    (3) * * *
    (iii) The filing fee enclosed (pursuant to 49 CFR 1002.2(a)); and
    (iv) The transmittal number if the filer utilizes transmittal 
numbers.
* * * * *

0
48. In Sec.  1313.10, revise paragraph (a)(7) and remove paragraph 
(a)(8)(v) to read as follows:


Sec.  1313.10  Procedures for complaints and discovery.

    (a) * * *
    (7) Filings. If a complaint, petition, or reply is filed in paper, 
it must be filed with the Board in a package marked ``Confidential Rail 
Contract Material''. If a complaint, petition, or reply is 
electronically filed, it must be designated as confidential in the 
Board's e-filing system.
* * * * *
[FR Doc. 2019-05831 Filed 4-2-19; 8:45 am]
 BILLING CODE 4915-01-P