Surface Transportation Board, Transportation.
The Surface Transportation Board is amending the appellate procedures and informal complaints regulations to change incorrect citations.
These rules are effective on March 12, 2004.Start Further Info
FOR FURTHER INFORMATION CONTACT:
John Sado, (202) 565-1661. [Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877-8339.]End Further Info End Preamble Start Supplemental Information
In Revision of Delegation of Authority Regulations, STB Ex Parte No. 588 (STB served Sept. 25, 2002), the Board revised the delegation of authority regulations at 49 CFR Part 1011. As relevant here, the Board renumbered § 1011.7, Delegations of authority by the Chairman, as 49 CFR 1011.6. This renumbering resulted in an incorrect reference in the Appellate Procedures rules at 49 CFR 1115.1(c): “Appeals from the decisions of employees acting under authority delegated to them by the Chairman of the Board pursuant to § 1011.7 will be acted upon by the entire Board.” The reference to § 1011.7 will be changed to § 1011.6, which is now the section for delegations of authority by the Chairman.
The Board's informal complaints regulations at 49 CFR 1130.1, state that an informal complaint shall “contain the essential components of a formal complaint as specified at 49 CFR 1131.1. * * *” The Board, however, removed Part 1131, dealing with, among other things, formal rate complaints, in Removal of Miscellaneous Obsolete Regulations, 2 S.T.B. 645 (1997). The Board noted in removing Part 1131 that it was unnecessary to keep these rules because there already existed, at 49 CFR part 1111, regulations applicable to rate and non-rate complaint cases. 2 S.T.B. at 647. Section 1111.1(a) contains the substance of the rules found at former 49 CFR 1131.1, except that § 1111.1(a) does not contain a reference to requests for oral hearing. Accordingly, the Board will correct the citation in 49 CFR 1130.1(a) to read “49 CFR 1111.1(a)”.
Because these rule changes relate solely to the rules of agency practice and procedure, they will be issued as final rules without requesting public comment. See 5 U.S.C. 553(b)(A). Moreover, good cause is found for making these rules effective on less than 30 days' notice under 5 U.S.C. 553(d) in order to change the incorrect references as soon as possible.
The Board certifies that the rules will not have a significant impact on a substantial number of small entities. This action will not significantly affect either the quality of the human environment or the conservation of energy resources.Start List of Subjects
List of Subjects
End List of Subjects Start Signature
Decided: March 12, 2004.
By the Board, Chairman Nober.
Vernon A. Williams,
For the reasons set forth in the preamble, Parts 1115 and 1130, of title 49, chapter X, of the Code of Federal Regulations are amended as follows:End Amendment Part Start Part Start Printed Page 12806
PART 1115—APPELLATE PROCEDURESEnd Part Start Amendment Part
1. The authority citation for Part 1115 continues to read as follows:End Amendment Part Start Amendment Part
2. In § 1115.1(c), remove the citation “§ 1011.7” and in its place add “§ 1011.6”.End Amendment Part Start Part
PART 1130—INFORMAL COMPLAINTSEnd Part Start Amendment Part
3. The authority citation for Part 1130 continues to read as follows:End Amendment Part Start Amendment Part
4. In § 1130.1(a), remove the citation “End Amendment Part End Supplemental Information
1. Section 1011.7 is now the section for “[d]elegations of authority by the Board to specific offices of the Board.”Back to Citation
[FR Doc. 04-6086 Filed 3-17-04; 8:45 am]
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