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Surface Transportation Board.
Final rules.
The Surface Transportation Board (Board) is updating its regulations to reflect certain statutory changes enacted in the Surface Transportation Board Reauthorization Act of 2015 and to replace certain obsolete or incorrect references in the regulations.
This rule is effective May 2, 2018.
Sarah Fancher: (202) 245-0355. Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877-8339.
In this decision, the Board is revising, correcting, and updating its regulations in 49 CFR ch. X. Some of these revisions are necessitated by changes made by the Surface Transportation Board Reauthorization Act of 2015, Public Law 114-110, 129 Stat. 2228 (2015) (STB Reauthorization Act).
This decision makes the following changes to the Board's regulations:
Because these revisions are not substantive and/or relate to rules of agency organization, procedure, or practice, the Board finds good cause that notice and comment under the Administrative Procedure Act (APA) are unnecessary. 5 U.S.C. 553(b)(3)(A) & (B).
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.
These final rules do not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.
It is ordered:
1. The rule modifications set forth below are adopted as final rules.
2. This decision is effective May 2, 2018.
Decided: March 27, 2018.
By the Board, Board Members Begeman and Miller.
Kenyatta Clay,
Clearance Clerk.
For the reasons set forth in the preamble, under the authority of 49 U.S.C. 1321, title 49, chapter X, parts 1001, 1003, 1004, 1005, 1007, 1011, 1012, 1013, 1016, 1018, 1019, 1033, 1034, 1035, 1037, 1090, 1100, 1101, 1103, 1104, 1105, 1106, 1108, 1110, 1112, 1113, 1114, 1116, 1117, 1119, 1120, 1132, 1133, 1135, 1141, 1144, 1146, 1147, 1150, 1152, 1155, 1177, 1180, 1182, 1184, 1185, 1200, 1220, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1253, 1305, 1310, 1312, 1313, 1319, 1331, and 1333 of the Code of Federal Regulations are amended as follows:
1. The authority citation for part 1001 continues to read as follows:
2. In § 1001.1 (d), remove “ www.stb.dot.gov” and add in its place “ www.stb.gov”.
3. Revise the authority citation for part 1003 to read as follows:
4. Revise the authority citation for part 1004 to read as follows:
5. Revise the authority citation for part 1005 to read as follows:
6. Revise the authority citation for part 1007 to read as follows:
7. Revise the authority citation for part 1011 to read as follows:
8. Amend § 1011.3 as follows:
a. Revise the section heading.
b. In paragraph (a)(1):
i. Remove the citation to “ 49 U.S.C. 701(c)(1)” and add in its place “49 U.S.C. 1301(c)(1)”.
ii. Remove the citation to “49 U.S.C. 701(c)(2)” and add in its place “49 U.S.C. 1301(c)(2)”.
c. Revise paragraph (a)(3).
The revisions read as follows:
(a) * * *
(3) In the Chairman's absence, the Vice Chairman is acting Chairman, and has the authority and responsibilities of the Chairman. In the Vice Chairman's absence, the Chairman, if present, has the authority and responsibilities of the Vice Chairman. In the absence of both the Chairman and the Vice Chairman, the Board may temporarily designate one of its members to act as Chairman and to have the authority and responsibilities of the Chairman and Vice Chairman.
9. In § 1011.7 (a)(2)(ix), remove the reference to “Section of Environmental Analysis” and add in its place “Office of Environmental Analysis”.
10. Revise the authority citation for part 1012 to read as follows:
11. Revise the authority citation for part 1013 to read as follows:
12. Revise the authority citation for part 1016 to read as follows:
13. Revise the authority citation for part 1018 to read as follows:
14. Revise the authority citation for part 1019 to read as follows:
15. Revise the authority citation for part 1033 to read as follows:
16. Revise the authority citation for part 1034 to read as follows:
17. Revise the authority citation for part 1035 to read as follows:
18. Revise the authority citation for part 1037 to read as follows:
19. Revise the authority citation for part 1090 to read as follows:
20. Revise the authority citation for part 1100 to read as follows:
21. Revise the authority citation for part 1101 to read as follows:
22. Revise the authority citation for part 1103 to read as follows:
23. In § 1103.3(c)(2), remove “ 21 U.S.C. 853a” and add in its place “21 U.S.C. 862”.
24. The authority citation for part 1104 continues to read as follows:
25. In § 1104.1(e), remove “ http://www.stb.dot.gov” and add in its place “ www.stb.gov”.
26. Revise the authority citation for part 1105 to read as follows:
27. In § 1105.7(b), revise the concluding sentence to read as follows:
(b) * * *
For information regarding the names and addresses of the agencies to be contacted, interested parties may contact the Board's Office of Environmental Analysis.
28. In § 1105.10:
a. In paragraph (a)(1), remove the reference to “Section of Environmental Analysis” and add in its place “Office of Environmental Analysis (OEA)”.
b. In paragraph (a)(3), remove the reference to “the Section of Environmental Analysis” and add in its place “OEA”.
c. In paragraph (b), remove the reference to “the Section of Environmental Analysis” and add in its place “OEA”.
d. In paragraph (g), remove the reference to “SEA” and add in its place “OEA”.
29. In the appendix to § 1105.11, remove the reference to “SEA” and add in its place “OEA”.
30. In the appendix to § 1105.12, in the Sample Local Newspaper Notice for Petitions for Abandonment Exemptions, remove the reference to “SEA” wherever it appears and add in its place “OEA”.
31. Revise the authority citation for part 1106 to read as follows:
32. In § 1106.2:
a. Remove the definition of Section of Environmental Analysis.
b. Add a definition of Office of Environmental Analysis in alphabetical order to read as follows:
Office of Environmental Analysis (“OEA”) means the Office that prepares the Board's environmental documents and analyses.
33. In § 1106.4(a), (b)(1), (b)(2), and (b)(3), remove the reference to “SEA” wherever it appears and add in its place “OEA”.
34. The authority citation for part 1108 continues to read as follows:
35. In § 1108.3(c), remove “ www.stb.dot.gov” and add in its place “ www.stb.gov”.
36. Revise the authority citation for part 1110 to read as follows:
37. Revise the authority citation for part 1112 to read as follows:
38. Revise the authority citation for part 1113 to read as follows:
39. The authority citation for part 1114 continues to read as follows:
40. In § 1114.31(b)(1), remove “ 49 U.S.C. 721(c)” and add in its place “49 U.S.C. 1321(c)”.
41. Revise the authority citation for part 1116 to read as follows:
42. Revise the authority citation for part 1117 to read as follows:
43. Revise the authority citation for part 1119 to read as follows:
44. Revise the authority citation for part 1120 to read as follows:
45. Revise the authority citation for part 1132 to read as follows:
46. Revise the authority citation for part 1133 to read as follows:
47. Revise the authority citation for part 1135 to read as follows:
48. Revise the authority citation for part 1141 to read as follows:
49. Revise the authority citation for part 1144 to read as follows:
50. Revise the authority citation for part 1146 to read as follows:
51. Revise the authority citation for part 1147 to read as follows:
52. Revise the authority citation for part 1150 to read as follows:
53. In § 1150.1(b), remove the reference to “Section of Environmental Analysis” and add in its place “Office of Environmental Analysis”.
54. In § 1150.10(g), remove the reference to “Section of Environmental Analysis” and add in its place “Office of Environmental Analysis”.
55. In § 1150.36:
a. In paragraph (b), remove the reference to “Section of Environmental Analysis (SEA)” and add in its place “Office of Environmental Analysis (OEA)”.
b. In paragraph (c)(1)(ii), remove the reference to “SEA” and add in its place “OEA”.
c. In paragraph (c)(3), remove the reference to “SEA” wherever it appears and add in its place “OEA”.
d. In paragraph (c)(4), remove the reference to “SEA's” and add in its place “OEA's”.
e. In paragraph (d):
i. Remove the reference to “SEA” wherever it appears and add in its place “OEA”.
ii. Remove the reference to “SEA's” wherever it appears and add in its place “OEA's”.
56. The authority citation for part 1152 continues to read as follows:
57. In § 1152.20(a)(2)(vii), remove the reference to “Military Traffic Management Command” and add in its place “Military Surface Deployment and Distribution Command”.
58. In § 1152.21, remove the reference to “Section of Environmental Analysis” wherever it appears and add in its place “Office of Environmental Analysis”.
59. In § 1152.22(i), remove the reference to “Section of Environmental Analysis” wherever it appears and add in its place “Office of Environmental Analysis”.
60. In § 1152.50(d)(1)(ii), remove the reference to “Military Traffic Management Command” and add in its place “Military Surface Deployment and Distribution Command”.
61. In § 1152.60(c), remove the reference to “Section of Environmental Analysis” wherever it appears and add in its place “Office of Environmental Analysis”.
62. Revise the authority citation for part 1155 to read as follows:
63. In Appendix A to part 1155, remove “ http://www.stb.dot.gov” and add in its place “ www.stb.gov”.
64. Revise the authority citation for part 1177 to read as follows:
65. Revise the authority citation for part 1180 to read as follows:
66. In § 1180.1(f)(1):
a. Remove the reference to “Section of Environmental Analysis (SEA)” and add in its place “Office of Environmental Analysis (OEA)”.
b. Remove the reference to “SEA” and add in its place “OEA”.
67. In § 1180.4, revise paragraph (c)(5)(ii) to read as follows:
(c) * * *
(5) * * *
(ii) The Secretary of the United States Department of Transportation (Office of Chief Counsel, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
68. In § 1180.6(a)(8), remove the reference to “Section of Environmental Analysis” and add in its place “Office of Environmental Analysis”.
69. Revise the authority citation for part 1182 to read as follows:
70. In § 1182.2(a)(11), remove “ 21 U.S.C. 853a” and add in its place “21 U.S.C. 862”. (a)(2), remove “Chief, Lic. & Ins. Div., U.S.D.O.T. Office of Motor Carriers-HIA 30, 400 Virginia Ave. SW, Ste. 600, Washington, DC 20004” and add in its place “Federal Motor Carrier Safety Administration, Office of Registration & Safety Information, Chief, Registration, Licensing & Insurance Division, 1200 New Jersey Ave. SE, Mail Stop W65-331, Washington, DC 20590”.
71. In § 1182.3(a)(2), remove “Chief, Lic. & Ins. Div., U.S.D.O.T. Office of Motor Carriers-HIA 30, 400 Virginia Ave. SW, Ste. 600, Washington, DC 20004” and add in its place “Federal Motor Carrier Safety Administration, Office of Registration & Safety Information, Chief, Registration, Licensing & Insurance Division, 1200 New Jersey Ave. SE, Mail Stop W65-331, Washington, DC 20590”.
72. In § 1182.8(f), remove “Office of Motor Carriers of the U.S. Department of Transportation” and add in its place “Federal Motor Carrier Safety Administration”.
73. Revise the authority citation for part 1184 to read as follows:
74. Revise the authority citation for part 1185 to read as follows:
75. Revise the authority citation for part 1200 to read as follows:
76. Revise the authority citation for part 1220 to read as follows:
77. Revise the authority citation for part 1242 to read as follows:
78. Revise the authority citation for part 1243 to read as follows:
79. Revise the authority citation for part 1244 to read as follows:
80. In § 1244.4(c)(1), remove “ http://www.stb.dot.gov” and add in its place “ www.stb.gov”.
81. In § 1244.9:
a. In paragraph (b)(4)(ii), remove the reference to “§ 1244.8(e)” and add in its place “§ 1244.9(e)”.
b. In paragraph (d)(2), remove the reference to “ 49 CFR 1224.8” and add in its place “49 CFR 1244.9”.
c. In paragraph (h):
i. Remove the reference to “Military Traffic Management Command (MTMC)” and add in its place “Military Surface Deployment and Distribution Command (SDDC)”.
ii. Remove the reference to “MTMC's” and add in its place “SDDC's”.
82. Revise the authority citation for part 1245 to read as follows:
83. Revise the authority citation for part 1246 to read as follows:
84. Revise the authority citation for part 1247 to read as follows:
85. In § 1247.1, remove “ http://www.stb.dot.gov” and add in its place “ www.stb.gov”.
86. Revise the authority citation for part 1248 to read as follows:
87. Designate §§ 1248.1 through 1248.6 as subpart A, and add a heading for subpart A to read as follows:
88. Revise the authority citation for part 1253 to read as follows:
89. Revise the authority citation for part 1305 to read as follows:
90. Revise the authority citation for part 1310 to read as follows:
91. Revise the authority citation for part 1312 to read as follows:
92. Revise the authority citation for part 1313 to read as follows:
93. Revise the authority citation for part 1319 to read as follows:
94. Revise the authority citation for part 1331 to read as follows:
95. Revise the authority citation for part 1333 to read as follows:
1. The STB Reauthorization Act revised parts of the United States Code, including re-designating Chapter 7 of Title 49 of the Code as Chapter 13. STB Reauthorization Act sec. 3.
Back to Citation2. As a result of the STB Reauthorization Act, the Board is no longer administratively housed in the Department of Transportation; therefore, the Board changed its website from “ www.stb.dot.gov” to “ www.stb.gov.”
Back to Citation[FR Doc. 2018-06657 Filed 4-6-18; 8:45 a.m.]
BILLING CODE 4915-01-P