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Proposed Rule

Semiannual Regulatory Agenda

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Surface Transportation Board, DOT.


Semiannual regulatory agenda.


The Surface Transportation Board (the Board), in accordance with the requirements of the Regulatory Flexibility Act, is publishing a semiannual agenda of: (1) Current and projected rulemakings; and (2) existing regulations being reviewed to determine whether to propose modifications through rulemaking. Listed below are the regulatory actions to be developed or reviewed during the next 12 months. Following each rule identified is a brief description of the rule, including its purpose and legal basis.

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A contact person is identified for each of the rules listed below.

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The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA), sets forth a number of 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 concerning 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 in the near future. It also contains information about existing regulations being reviewed to determine whether to propose modifications through rulemaking.

The agenda represents the Board's best estimate of rules that will be considered over the next 12 months. 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 Board is publishing its fall 2014 regulatory flexibility agenda 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 Order 12866 and 13563. The Board is participating voluntarily in the program to assist OMB.

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Dated: September 19, 2014.

By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman.

Jeffrey Herzig,

Clearance Clerk.

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Surface Transportation Board—Completed Actions

Sequence No.TitleRegulation Identifier No.
564Demurrage Liability, Docket No. EP 7072140-AB07


Completed Actions

564. Demurrage Liability, Docket No. EP 707

Legal Authority: 49 U.S.C. 721; 49 U.S.C. 10702; 49 U.S.C. 10746

Abstract: In an advance notice of proposed rulemaking, the Board sought comments from interested parties regarding rail carrier demurrage fees: Charges for holding railroad-owned freight cars. Based on comments received, the Board then proposed a rule addressing when parties should be responsible for paying demurrage in light of current commercial practices.


ActionDateFR Cite
ANPRM12/10/1075 FR 76946
ANPRM Comment Period End04/06/11
NPRM05/10/1277 FR 27384
NPRM Comment Period End07/23/12
Initial Regulatory Flexibility Analysis Comment Period End07/27/1378 FR 31882
Final Rule04/11/1479 FR 21407
Final Rule Effective07/15/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Amy Ziehm, Branch Chief, Surface Transportation Board, 395 E Street SW., Washington, DC 20423, Phone: 202 245-0391, Fax: 202 245-0464, Email:

RIN: 2140-AB07

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[FR Doc. 2014-28995 Filed 12-19-14; 8:45 am]