Delegated Power of Declaratory Order

Surface Transportation Board, DOT

§ 1011.7
sistance, Governmental Affairs, and
Compliance.
(2) In addition to the authority delegated at 49 CFR 1011.6(c)(3), (d), (g), and
(h), the Director of the Office of Proceedings shall have authority initially
to determine the following:
(i) Whether to designate abandonment proceedings for oral hearings on
request.
(ii) Whether offers of financial assistance satisfy the statutory standards of
49 U.S.C. 10904(d) for purposes of negotiations or, in exemption proceedings,
for purposes of partial revocation and
negotiations.
(iii) Whether:
(A) To impose, modify, or remove environmental or historic preservation
conditions; and
(B) In abandonment proceedings, to
impose public use conditions under 49
U.S.C. 10905 and the implementing regulations at 49 CFR 1152.28.
(iv) In abandonment proceedings,
when a request for interim trail use/
rail banking is filed under 49 CFR
1152.29, to determine whether the National Trails System Act, 16 U.S.C.
1247(d), is applicable and, where appropriate, to issue Certificates of Interim
Trail Use or Abandonment (in application proceedings) or Notices of Interim
Trail Use or Abandonment (in exemption proceedings).
(v) In any abandonment proceeding
where interim trail use/rail banking is
an issue, to make such findings and
issue decisions as may be necessary for
the orderly administration of the National Trails System Act, 16 U.S.C.
1247(d).
(vi) Whether to institute requested
declaratory order proceedings under 5
U.S.C. 554(e).
(vii) To issue decisions, after 60 days’
notice by any person discontinuing a
subsidy established under 49 U.S.C.
10904 and at the railroad’s request:
(A) In application proceedings, immediately issuing decisions authorizing
abandonment or discontinuance; and
(B) In exemption proceedings, immediately vacating the decision that postponed the effective date of the exemption.
(viii) In proceedings under the Feeder
Railroad Development Program under

use. Authority to grant or deny requests for use of these accounts is delegated to the Director and Associate Director of the Office of Economics, Environmental Analysis, and Administration and the Chief of the Section of Economics.
(g) The Director of the Office of Proceedings is delegated authority, under
the Regulatory Flexibility Act, 5
U.S.C. 601, et seq., to:
(1) Sign and transmit to the Small
Business Administration certifications
of no significant economic effect for
proposed rules, that if adopted by the
Board, will not have a significant economic impact on a substantial number
of small entities; and
(2) Sign and transmit findings regarding waiver or delay of an initial regulatory flexibility analysis or delay of a
final regulatory flexibility analysis.
(h) Issuance of certificates and decisions authorizing Consolidated Rail
Corporation to abandon or discontinue
service over lines for which an application under section 308 of the Regional
Rail Reorganization Act of 1973 has
been filed is delegated to the Director
of the Office of Proceedings.
[67 FR 60167, Sept. 25, 2002, as amended at 74
FR 52904, Oct. 15, 2009]

§ 1011.7 Delegations of authority by
the Board to specific offices of the
Board.
(a) Office of Proceedings. (1) The Director of the Office of Proceedings is
delegated the following authority:
(i) Whether (in consultation with involved Offices) to waive filing fees set
forth at 49 CFR 1002.2(f).
(ii) To issue, on written request, informal opinions and interpretations
(exclusive of informal opinions and interpretations on carrier tariff provisions), which are not binding on the
Board. In issuing informal opinions or
interpretations, the Director of the Office of Proceedings shall consult with
the Directors of the appropriate Board
offices. Such requests must be directed
to the Director of the Office of Proceedings,
Surface
Transportation
Board, Washington, DC 20423–0001. Authority to issue informal opinions and
interpretations on carrier tariff provisions is delegated at paragraph (b)(2) of
this section to the Office of Public As-

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Pt. 1012

49 CFR Ch. X (10–1–11 Edition)

49 U.S.C. 10907 and the implementing
regulations at 49 CFR part 1151:
(A) Whether to accept or reject primary applications under 49 CFR
1151.2(b); competing applications under
section 1151.2(c); and incomplete applications under 49 CFR 1151.2(d).
(B) Whether to grant waivers from
specific provisions of 49 CFR part 1151.
(ix) In exemption proceedings subject
to environmental or historic preservation reporting requirements, to issue a
decision, under 49 CFR 1105.10(g), making a finding of no significant impact
where no environmental or historic
preservation issues have been raised by
any party or identified by the Board’s
Section of Environmental Analysis.
(x) Whether to issue notices of exemption under 49 U.S.C. 10502:
(A) For acquisition, lease, and operation transactions under 49 U.S.C. 10901
and 10902 and the implementing regulations at 49 CFR part 1150, subparts D
and E;
(B) For connecting track constructions under 49 U.S.C. 10901 and the implementing regulations at 49 CFR
1150.36;
(C) For rail transactions under 49
U.S.C. 11323 and the implementing regulations at 49 CFR 1180.2(d); and
(D)
For
abandonments
and
discontinuances under 49 U.S.C. 10903
and the implementing regulations at 49
CFR 1152.50.
(xi) When an application or a petition
for exemption for abandonment is filed,
the Director will issue a notice of that
filing pursuant to 49 CFR 1152.24(e)(2)
and 49 CFR 1152.60, respectively.
(xii) Whether to issue a notice of exemption under 49 U.S.C. 13541 for a
transaction under 49 U.S.C. 14303 within a motor passenger carrier corporate
family that does not result in adverse
changes in service levels, significant
operational changes, or a change in the
competitive balance with motor passenger carriers outside the corporate
family.
(xiii) Whether to issue rail modified
certificates of public convenience and
necessity under 49 CFR part 1150, subpart C.
(xiv) Whether to waive the regulations at 49 CFR part 1152, subpart C, on
appropriate petition.

(xv) To reject applications, petitions
for exemption, and verified notices
(filed in class exemption proceedings)
for noncompliance with the environmental rules at 49 CFR part 1105.
(xvi) To reject applications by BNSF
Railway Company to abandon rail lines
in North Dakota exceeding the 350-mile
cap of section 402 of Public Law 97–102,
95 Stat. 1465 (1981), as amended by The
Department of Transportation and Related Agencies Appropriations Act,
1992, Public Law 102–143, section 343
(Oct. 28, 1991).
(b) Office of Public Assistance, Governmental Affairs, and Compliance. The Office of Public Assistance, Governmental Affairs, and Compliance is delegated the authority to:
(1) Reject tariffs and railroad transportation contract summaries filed
with the Board that violate applicable
statutes, rules, or regulations. Any rejection of a tariff or contract summary
may be by letter signed by or for the
Director, Office of Public Assistance,
Governmental Affairs, and Compliance.
(2) Issue, on written request, informal opinions and interpretations on
carrier tariff provisions, which are not
binding on the Board.
(3) Grant or withhold special tariff
authority granting relief from the provisions of 49 CFR part 1312. Any grant
or withholding of such relief may be by
letter signed by or for the Director, Office of Public Assistance, Governmental Affairs, and Compliance.
(4) Resolve any disputes that may
arise concerning the applicability of
motor common carrier rates under 49
U.S.C. 13710(a)(2).
(5) Issue orders by the Director in an
emergency under 49 U.S.C. 11123 and
11124 if no Board Member is reasonably
available.
[75 FR 30711, June 2, 2010]

PART 1012—MEETINGS OF THE
BOARD
Sec.
1012.1 General provisions.
1012.2 Time and place of meetings.
1012.3 Public notice.
1012.4 Public participation.
1012.5 Transcripts; minutes.
1012.6 Petitions seeking to open or close a
meeting.

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