[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Page 11382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02022]



[[Page 11381]]

Vol. 88

Wednesday,

No. 35

February 22, 2023

Part XXVII





Surface Transportation Board





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Semiannual Regulatory Agenda

  Federal Register / Vol. 88 , No. 35 / Wednesday, February 22, 2023 / 
UA: Reg Flex Agenda  

[[Page 11382]]


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SURFACE TRANSPORTATION BOARD

49 CFR Ch. X

[STB Ex Parte No. 536 (Sub-No. 53)]


Semiannual Regulatory Agenda

AGENCY: Surface Transportation Board.

ACTION: Semiannual Regulatory Agenda.

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SUMMARY: The Chairman of the Surface Transportation Board is publishing 
the Regulatory Flexibility Agenda for fall 2022.

FOR FURTHER INFORMATION CONTACT: A contact person is identified for 
each of the rules listed below.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA), 5 
U.S.C. 601 et seq., sets forth several requirements for agency 
rulemaking. Among other things, the RFA requires that, semiannually, 
each agency shall publish in the Federal Register a Regulatory 
Flexibility Agenda, which shall contain:
    (1) A brief description of the subject area of any rule that the 
agency expects to propose or promulgate, which is likely to have a 
significant economic impact on a substantial number of small entities.
    (2) A summary of the nature of any such rule under consideration 
for each subject area listed in the agenda pursuant to paragraph (1), 
the objectives and legal basis for the issuance of the rule, and an 
approximate schedule for completing action on any rule for which the 
agency has issued a general notice of proposed rulemaking; and
    (3) The name and telephone number of an agency official 
knowledgeable about the items listed in paragraph (1).
    Accordingly, a list of proceedings appears below containing 
information about subject areas in which the Board is currently 
conducting rulemaking proceedings or may institute such proceedings 
soon. It also contains information about existing regulations being 
reviewed to determine whether to propose modifications through 
rulemaking.
    The agenda represents the Chairman's best estimate of rules that 
may be considered over the next 12 months but does not necessarily 
reflect the views of any other individual Board Member. However, 
section 602(d) of the RFA, 5 U.S.C. 602(d), provides: ``Nothing in 
[section 602] precludes an agency from considering or acting on any 
matter not included in a Regulatory Flexibility Agenda or requires an 
agency to consider or act on any matter listed in such agenda.''
    The Chairman is publishing the agency's Regulatory Flexibility 
Agenda for fall 2022 as part of the Unified Agenda of Federal 
Regulatory and Deregulatory Actions (Unified Agenda). The Unified 
Agenda is coordinated by the Office of Management and Budget (OMB), 
pursuant to Executive Orders 12866 and 13563. The Board is 
participating voluntarily in the program to assist OMB and has included 
rulemaking proceedings in the Unified Agenda beyond those required by 
the RFA.

    Dated: September 30, 2022.

    By the Board, Martin J. Oberman.
Jeffrey Herzig,
Clearance Clerk.

             Surface Transportation Board--Long-Term Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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598.......................  Review of Commodity,               2140-AB29
                             Boxcar, and TOFC/COFC
                             Exemptions, EP 704 (Sub-
                             No. 1).
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SURFACE TRANSPORTATION BOARD (STB)

Long-Term Actions

598. Review of Commodity, Boxcar, and TOFC/COFC Exemptions, EP 704 
(Sub-No. 1) [2140-AB29]

    Legal Authority: 49 U.S.C. 10502; 49 U.S.C. 13301
    Abstract: The Board proposed to revoke the class exemptions for the 
rail transportation of: (1) crushed or broken stone or riprap; (2) 
hydraulic cement; and (3) coke produced from coal, primary iron or 
steel products, and iron or steel scrap, wastes, or tailings. On March 
19, 2019, the Board issued a decision waiving the prohibition on ex 
parte communications in this proceeding and providing a 90-day period 
for meetings with Board members. By decision served September 30, 2020 
(published October 5, 2020), the Board invited public comment on a new 
approach its Office of Economics has developed for possible use in 
considering class exemption and revocation issues. Board staff held 
technical conferences on the proposed approach on December 18, 2020, 
and January 15, 2021.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   03/28/16  81 FR 17125
NPRM Comment Period End.............   07/26/16  .......................
NPRM Reply Comment Period End.......   08/26/16  .......................
Request for Further Comment in         10/05/20  85 FR 62689
 Rulemaking Proceeding.
Comment Period End..................   01/29/21  .......................
Reply Comment Period End............   03/01/21  .......................
Next Action Undetermined............
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amy Ziehm, Branch Chief, Office of Proceedings, 
Surface Transportation Board, 395 E Street SW, Washington, DC 20423-
0001, Phone: 202 245-0391, Email: [email protected].
    Francis O'Connor, Deputy Director, Office of Economics, Surface 
Transportation Board, 395 E Street SW, Washington, DC 20423-0001, 
Phone: 202 245-0331, Email: francis.o'[email protected].
    RIN: 2140-AB29

[FR Doc. 2023-02022 Filed 2-21-23; 8:45 am]
BILLING CODE 4915-01-P