[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Rules and Regulations]
[Page 28139-28140]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my03-21]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1180
[STB Ex Parte No. 282 (Sub-No. 20)]
Railroad Consolidation Procedures--Exemption For Temporary
Trackage Rights
AGENCY: Surface Transportation Board.
ACTION: Final rule.
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SUMMARY: The Surface Transportation Board (Board) amends its rules to
exempt from regulation, under 49 U.S.C. 10502, as a class,
authorization of temporary trackage rights proposals under 49 U.S.C.
11323 that are based on written agreements, are not filed or sought in
responsive applications in rail consolidation proceedings, are limited
to overhead operations, and expire on a date certain. This class
exemption would permit authorization of temporary trackage rights for a
limited period of time, not to exceed 1 year from the effective date of
the exemption. It would also permit termination of such rights without
the need to file for discontinuance authority at the end of the
authorization period, as the authority would automatically terminate on
the date specified. Carriers taking advantage of this class exemption
are subject to the standard provisions for the protection of employees.
The exemption automatically removes these transactions from regulatory
oversight and simplifies and expedites the process for commencing
temporary trackage rights operations. The regulations at 49 CFR Part
1180 are amended, as set forth in the Appendix, to implement this
action.
[[Page 28140]]
DATES: This rule is effective on June 22, 2003.
FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600.
[Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.]
SUPPLEMENTARY INFORMATION: The rules adopted here were initially
proposed in the Federal Register at 68 FR 6695, on February 10, 2003.
Additional information is contained in the Board's decision. Copies of
the Board's decision may be purchased from Da-2-Da Legal Copy Service
by calling 202-293-7776 (assistance for the hearing impaired is
available through FIRS at 1-800-877-8339) or visiting Suite 405, 1925 K
Street, NW., Washington, DC 20006.
By a separate decision served on February 10, 2003, in these
proceedings, the Director of the Office of Proceedings has certified
that this rule would not have a significant impact on a substantial
number of small entities. The Board has received no public comment
disputing the certification.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
List of Subjects in 49 CFR Part 1180
Administrative practice and procedure, Railroads.
Authority: 49 U.S.C. 10502(b) and 5 U.S.C. 553.
Decided: May 9, 2003.
By the Board, Chairman Nober and Commissioner Morgan.
Vernon A. Williams,
Secretary.
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For the reasons set forth in the preamble, the Surface Transportation
Board amends part 1180 of title 49, chapter X, of the Code of Federal
Regulations as follows:
PART 1180--RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION
PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES
0
1. The authority citation for Part 1180 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 11 U.S.C. 1172; 49 U.S.C. 721,
10502, and 11323-11325.
0
2. Amend Sec. 1180.2 by revising the first sentence of paragraph (d)
introductory text and by adding a new paragraph (d)(8) to read as
follows:
Sec. 1180.2 Types of transactions.
* * * * *
(d) A transaction is exempt if it is within one of the eight
categories described in paragraphs (d)(1) through (8). * * *
* * * * *
(8) Acquisition of temporary trackage rights by a rail carrier over
lines owned or operated by any other rail carrier or carriers that are:
(i) based on written agreements, (ii) not filed or sought in responsive
applications in rail consolidation proceedings, (iii) for overhead
operations only, and (iv) scheduled to expire on a specific date not to
exceed 1 year from the effective date of the exemption. If the
operations contemplated by the exemption will not be concluded within
the 1-year period, the parties may, prior to expiration of the period,
file a request for a renewal of the temporary rights for an additional
period of up to 1 year, including the reason(s) therefor. Rail carriers
acquiring temporary trackage rights need not seek authority from the
Board to discontinue the trackage rights as of the expiration date
specified under 49 CFR 1180.4(g)(2)(iii). All transactions under these
rules will be subject to applicable statutory labor protective
conditions.
0
3. Amend Sec. 1180.4 by adding new paragraphs (g)(2)(iii) and (iv) to
read as follows:
Sec. 1180.4 Procedures.
* * * * *
(g) * * *
(2) * * *
(iii) To qualify for an exemption under Sec. 1180.2(d)(8)
(acquisition of temporary trackage rights), in addition to the notice,
the railroad must file a caption summary suitable for publication in
the Federal Register. The caption summary must be in the following
form:
Surface Transportation Board
Notice of Exemption
STB Finance Docket No.
(1)--Temporary Trackage Rights--(2)
(2) (3) to grant overhead temporary trackage rights to (1)
between (4). The temporary trackage rights will be effective on (5).
The authorization will expire on (6).
This notice is filed under Sec. 1180.2(d)(8). Petitions to
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any
time. The filing of a petition to revoke will not stay the
transaction.
Dated:
By the Board.
[Insert name]
Secretary.
The following key identifies the information symbolized in the
summary.
(1) Name of the tenant railroad.
(2) Name of the landlord railroad.
(3) If an agreement has been entered use ``has agreed,'' but if
an agreement has been reached but not entered use ``will agree.''
(4) Describe the temporary trackage rights.
(5) State the date the temporary trackage rights agreement is
proposed to be consummated.
(6) State the date the authorization will expire (not to exceed
1 year from the date the trackage rights will become effective).
(iv) The Board will publish the caption summary in the Federal
Register within 20 days of the date that it is filed with the Board.
The filing of a petition to revoke under 49 U.S.C. 10502(d) does not
stay the effectiveness of an exemption.
* * * * *
[FR Doc. 03-12449 Filed 5-22-03; 8:45 am]
BILLING CODE 4915-00-P