Rule2026-02179
Nomenclature Corrections Due to Office Reorganization, Removal of Obsolete References, and Payment Processing Changes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 3, 2026
Effective
February 3, 2026
Issuing agencies
Surface Transportation Board
Abstract
The Surface Transportation Board (Board) recently completed a reorganization in which it combined its two legal offices, the Office of the General Counsel and the Office of Proceedings, to form the Office of Chief Counsel. The Board is issuing a final rule to make nomenclature changes reflecting the establishment of the Office of Chief Counsel as a result of this reorganization, to remove obsolete references, and to revise its rules to no longer accept paper checks or money orders as a form of payment.
Full Text
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<title>Federal Register, Volume 91 Issue 22 (Tuesday, February 3, 2026)</title>
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[Federal Register Volume 91, Number 22 (Tuesday, February 3, 2026)]
[Rules and Regulations]
[Pages 4849-4856]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02179]
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SURFACE TRANSPORTATION BOARD
49 CFR Parts 1002, 1007, 1011, 1012, 1018, 1019, 1021, 1102, 1103,
1104, 1105, 1109, 1110, 1113, 1114, 1115, 1116, 1130, 1132, 1150,
1151, 1152, 1155, 1177, 1180, and 1253
[Docket No. EP 786]
Nomenclature Corrections Due to Office Reorganization, Removal of
Obsolete References, and Payment Processing Changes
AGENCY: Surface Transportation Board.
ACTION: Final rule.
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SUMMARY: The Surface Transportation Board (Board) recently completed a
reorganization in which it combined its two legal offices, the Office
of the General Counsel and the Office of Proceedings, to form the
Office of Chief Counsel. The Board is issuing a final rule to make
nomenclature changes reflecting the establishment of the Office of
Chief Counsel as a result of this reorganization, to remove obsolete
references, and to revise its rules to no longer accept paper checks or
money orders as a form of payment.
DATES: This final rule is effective on February 3, 2026.
FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 918-5462. If you
require an accommodation under the Americans with Disabilities Act,
please call (202) 245-0245.
SUPPLEMENTARY INFORMATION: The Board has made a change to its agency
organization. Effective August 1, 2025,
[[Page 4850]]
the Board's two legal offices, the Office of Proceedings and the Office
of the General Counsel, were combined into the Office of Chief Counsel.
The Board is therefore revising its regulations at 49 CFR Chapter X to
update office names and personnel titles to reflect the new
consolidated structure. These nomenclature changes will not result in
any substantive changes to the Board's regulations.
Additionally, the Board is removing and replacing three outdated
references to the Office of Compliance and Enforcement, which is now
known as the Office of Public Assistance, Governmental Affairs, and
Compliance. See Removal of Delegations of Auth. to Sec'y, EP 685, slip
op. at 3 (STB served Oct. 15, 2009) (noting that ``[t]here is no longer
an Office of Compliance and Enforcement'' and replacing references to
that office with references to the Office of Public Assistance,
Governmental Affairs, and Compliance).
Furthermore, in accordance with Executive Order14247, ``Modernizing
Payments To and From America's Bank Account,'' 90 FR 14001 (Mar. 25,
2025), the Board is also revising its rules to no longer accept paper
checks or money orders as a form of payment. Executive Order14247
directs that, as soon as practicable, payments made to the federal
government must be processed electronically. Accordingly, effective
February 3, 2026, the Board will require electronic payment of fees.
The Board currently utilizes, and will continue to utilize,
<a href="http://Pay.gov">Pay.gov</a>, an electronic payment system operated by the U.S. Department
of the Treasury. <a href="http://Pay.gov">Pay.gov</a> allows payment through bank accounts, credit
cards, debit cards with a MasterCard or Visa logo, and digital wallets.
Payors may access <a href="http://Pay.gov">Pay.gov</a> via the Board's website. Consistent with
Executive Order 14247, all payments to the Board will be processed
electronically unless the payor does not have access to banking
services or electronic payment systems, or the payor qualifies for an
exception under applicable law. Payors that qualify for an exception
from the use of electronic payment systems should contact the Board's
Rail Customer and Public Assistance (RCPA) staff for assistance by
calling (866) 254-1792 (toll-free) or (202) 245-0238, or by emailing
<a href="/cdn-cgi/l/email-protection#2b59485b4a6b585f49054c445d"><span class="__cf_email__" data-cfemail="e496879485a4979086ca838b92">[email protected]</span></a>.
The revised regulations are set forth below and are issued without
prior public notice or opportunity for public comment. The
Administrative Procedure Act (APA) does not require that process for
``rules of agency organization, procedure, or practice,'' 5 U.S.C.
553(b)(A), or ``when the agency for good cause finds . . . that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest,'' 5 U.S.C. 553(b)(B). In this
proceeding, the Board is revising its regulations to reflect internal
reorganization within the Board, to remove obsolete references, and to
clarify certain procedures related to payments. Additionally, there is
good cause here to find that public notice and comment are unnecessary
because the rule does not make any substantive changes. There is also
good cause to make this rule effective on less than 30 days' notice in
order to update the Board's regulations to reflect the current
organizational structure of the Board, remove obsolete references, and
comply with the requirements of Executive Order 14247 promptly. See 5
U.S.C. 553(d).
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.
Executive Order 12866, as modified by Executive Order 14215,
provides that the Office of Information and Regulatory Affairs will
review all significant rules. In section 3(d), Executive Order 12866
defines ``regulation'' or ``rule'' to exclude regulations or rules that
are limited to agency organization, management, or personnel matters.
This rule relates to internal agency organization and management;
therefore, it is exempt from the provisions of Executive Order 12866.
The Board has determined that this action is not a rule as defined
by the Congressional Review Act, 5 U.S.C. 804(3).
This rulemaking does 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. Parts 1002, 1007, 1011, 1012, 1018, 1019, 1021, 1102, 1103,
1104, 1105, 1109, 1110, 1113, 1114, 1115, 1116, 1130, 1132, 1150, 1151,
1152, 1155, 1177, 1180, and 1253 are modified as set forth below, and
notice will be published in the Federal Register.
2. The modifications to Parts 1002, 1007, 1011, 1012, 1018, 1019,
1021, 1102, 1103, 1104, 1105, 1109, 1110, 1113, 1114, 1115, 1116, 1130,
1132, 1150, 1151, 1152, 1155, 1177, 1180, and 1253 are effective on
February 3, 2026. The remainder of this decision is effective on its
date of service.
List of Subjects
49 CFR Part 1002
Administrative practice and procedure, Common carriers, Freedom of
information.
49 CFR Part 1007
Privacy.
49 CFR Part 1011
Administrative practice and procedure, Authority delegations
(Government agencies), Organization and functions (Government
agencies).
49 CFR Part 1012
Sunshine Act.
49 CFR Part 1018
Claims, Income taxes.
49 CFR Part 1019
Conflict of interest.
49 CFR Part 1021
Claims.
49 CFR Part 1102
Administrative practice and procedure.
49 CFR Part 1103
Administrative practice and procedure, Lawyers.
49 CFR Part 1104
Administrative practice and procedure.
49 CFR Part 1105
Environmental impact statements, Reporting and recordkeeping
requirements.
49 CFR Part 1109
Administrative practice and procedure, Maritime carriers, Motor
carriers, Railroads.
49 CFR Part 1110
Administrative practice and procedure.
49 CFR Part 1113
Administrative practice and procedure.
49 CFR Part 1114
Administrative practice and procedure.
49 CFR Part 1115
Administrative practice and procedure.
[[Page 4851]]
49 CFR Part 1116
Administrative practice and procedure.
49 CFR Part 1130
Administrative practice and procedure.
49 CFR Part 1132
Administrative practice and procedure.
49 CFR Part 1150
Administrative practice and procedure, Railroads.
49 CFR Part 1151
Administrative practice and procedure, Railroads.
49 CFR Part 1152
Administrative practice and procedure, Railroads, Reporting and
recordkeeping requirements, Uniform System of Accounts.
49 CFR Part 1155
Administrative practice and procedure, Railroads, Waste treatment
and disposal.
49 CFR Part 1177
Administrative practice and procedure, Archives and records,
Maritime carriers, Railroads.
49 CFR Part 1180
Administrative practice and procedure, Railroads, Reporting and
recordkeeping requirements.
49 CFR Part 1253
Freight forwarders, Maritime carriers, Motor carriers, Pipelines,
Railroads, Reporting and recordkeeping requirements.
Decided: January 29, 2026.
By the Board, Board Members Fuchs, Hedlund, and Schultz.
Jeffrey Herzig,
Clearance Clerk.
For the reasons set forth in the preamble, and under the authority
of 49 U.S.C. 1321(a), the Surface Transportation Board amends parts
1002, 1007, 1011, 1012, 1018, 1019, 1021, 1102, 1103, 1104, 1105, 1109,
1110, 1113, 1114, 1115, 1116, 1130, 1132, 1150, 1151, 1152, 1155, 1177,
1180, and 1253 of title 49, chapter X, of the Code of Federal
Regulations as follows:
PART 1002--FEES
0
1. The authority citation for part 1002 continues to read as follows:
Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), and 553; 31 U.S.C.
9701; and 49 U.S.C. 1321. Section 1002.1(f)(11) is also issued under
5 U.S.C. 5514 and 31 U.S.C. 3717.
0
2. Amend Sec. 1002.1 by revising paragraph (g) to read as follows:
Sec. 1002.1 Fees for records search, review, copying, certification,
and related services.
* * * * *
(g) Fees for services described in paragraphs (a) through (f) of
this section must be paid via the Board's electronic payment system in
accordance with Sec. 1002.2(a)(2).
* * * * *
0
3. Amend Sec. 1002.2 by:
0
a. Revising paragraph (a)(2);
0
b. In paragraphs (e)(1)(i) and (ii) and (e)(2)(i) and (iii), removing
the text ``Chief, Section of Administration, Office of Proceedings''
and adding, in its place, the text ``Chief of Case Administration,
Office of Chief Counsel''; and
0
c. Removing paragraph (g).
The revision reads as follows:
Sec. 1002.2 Filing fees.
(a) * * *
(2) Filing fees for all filings must be paid via the Board's
electronic payment system found on the Board's website.
* * * * *
PART 1007--RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS
0
4. The authority citation for part 1007 continues to read as follows:
Authority: 5 U.S.C. 552, 49 U.S.C. 1321.
0
5. Amend Sec. 1007.5 by revising the third sentence of paragraph (f)
to read as follows:
Sec. 1007.5 Disclosure of requested information to individuals; fees
for copies of records.
* * * * *
(f) * * * Payment must be made via the Board's electronic payment
system found on the Board's website. * * *
* * * * *
PART 1011--BOARD ORGANIZATION; DELEGATIONS OF AUTHORITY
0
6. The authority citation for part 1011 continues to read as follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 49 U.S.C. 1301, 1321,
11123, 11124, 11144, 14122, and 15722.
0
7. Amend Sec. 1011.2 by revising paragraph (a)(7) to read as follows:
Sec. 1011.2 The Board.
(a) * * *
(7) All appeals of initial decisions issued by the Chief Counsel
under the authority delegated by Sec. 1011.7(a), and all appeals of
initial decisions issued by the Office of Public Assistance,
Governmental Affairs, and Compliance under the authority delegated by
Sec. 1011.7(b). Appeals must be filed within 10 days after service of
the initial decision or publication of the notice, and replies must be
filed within 10 days after the due date for appeals or any extension
thereof.
* * * * *
0
8. Amend Sec. 1011.6 by revising paragraphs (c)(3), (d), (g)
introductory text, and (h) to read as follows:
Sec. 1011.6 Delegations of authority by the Chairman.
* * * * *
(c) * * *
(3) Unless otherwise ordered by the Board in individual
proceedings, authority to dispose of routine procedural matters in
proceedings assigned for handling under modified procedure, other than
those assigned to an administrative law judge or a Board Member, is
assigned to the Chief Counsel. The Chief Counsel shall also have
authority, unless otherwise ordered by the Chairman or by a majority of
the Board in individual proceedings, to decide whether complaint
proceedings shall be handled under the modified procedure or be
assigned for oral hearings. In carrying out these duties, the Chief
Counsel shall consult, as necessary, with the Director of any Board
office to which an individual proceeding has been assigned.
(d) Except as provided at 49 CFR 1113.3(b)(1), authority to dismiss
a complaint on complainant's request, or an application on applicant's
request, is delegated to the Chief Counsel.
* * * * *
(g) The Chief Counsel is delegated authority, under the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., to:
* * * * *
(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, 45 U.S.C. 748, has been filed is delegated to the Chief
Counsel.
* * * * *
0
9. Amend Sec. 1011.7 by revising paragraph (a) to read as follows:
Sec. 1011.7 Delegations of authority by the Board to specific offices
of the Board.
(a) Office of Chief Counsel. (1) The Chief Counsel shall head the
Office of Chief Counsel and shall also fulfill the role of the General
Counsel of the Board.
[[Page 4852]]
(2) The Chief Counsel is delegated the authority to determine (in
consultation with involved Offices) whether to waive filing fees set
forth at 49 CFR 1002.2(f).
(3) In addition to the authority delegated at Sec. 1011.6(c)(3),
(d), (g), and (h), the Chief Counsel 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 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 49 CFR 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 Office 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 Chief Counsel will issue a notice of that
filing pursuant to 49 CFR 1152.24(e)(2) and 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).
(xvii) To authorize parties to a proceeding before the Board, upon
mutual request, to participate in mediation with a Board-appointed
mediator, for a period of up to 30 days and to extend the mediation
period at the mutual request of the parties.
(xviii) To authorize a proceeding to be held in abeyance while
mediation procedures are pursued, pursuant to the mutual request of the
parties to the matter.
(xix) To order arbitration of program-eligible matters under the
Board's regulations at 49 CFR part 1108, subpart A, or upon the mutual
request of parties to a proceeding before the Board.
(xx) To delegate to Board staff any necessary parties for purposes
of accelerated emergency service proceedings at 49 CFR 1146.2.
* * * * *
PART 1012--MEETINGS OF THE BOARD
0
10. The authority citation for part 1012 continues to read as follows:
Authority: 5 U.S.C. 552b(g), 49 U.S.C. 1301, 1321.
0
11. Amend Sec. 1012.5 by revising paragraph (c)(5) to read as follows:
Sec. 1012.5 Transcripts; minutes.
* * * * *
(c) * * *
(5) A copy of the certification issued by the Chief Counsel that,
in his or her opinion, the meeting was one that might properly be
closed to the public.
0
12. Amend Sec. 1012.7 by revising paragraph (c) to read as follows:
Sec. 1012.7 Meetings which may be closed to the public.
* * * * *
(c) With respect to any meeting closed to the public under this
section, the Chief Counsel will issue his or her certification that, in
his or her opinion, the meeting is one which may properly be closed
pursuant to one or more of the provisions of paragraph (d) of this
section.
* * * * *
PART 1018--DEBT COLLECTION
0
13. The authority citation for part 1018 continues to read as follows:
Authority: 31 U.S.C. 3701, 31 U.S.C. 3711 et seq., 49 U.S.C.
1321, 31 CFR parts 900-904.
0
14. Amend Sec. 1018.25 by revising the second sentence of paragraph
(a) to read as follows:
Sec. 1018.25 Sanctions.
(a) * * * The Board will notify the account holder that the account
has been frozen. * * *
* * * * *
[[Page 4853]]
0
15. Amend Sec. 1018.29 by revising the introductory text of paragraph
(c) to read as follows:
Sec. 1018.29 Payments.
* * * * *
(c) To whom payment is made. Payment of a debt to the Board is made
via the Board's electronic payment system found on the Board's website,
unless payment is:
* * * * *
PART 1019--REGULATIONS GOVERNING CONDUCT OF SURFACE TRANSPORTATION
BOARD EMPLOYEES
0
16. The authority citation for part 1019 continues to read as follows:
Authority: 49 U.S.C. 1321.
0
17. Amend Sec. 1019.2 by revising paragraph (a) to read as follows:
Sec. 1019.2 Interpretation and advisory service.
(a) The Board's Chief Counsel shall be the Board's Designated
Agency Ethics Official (DAEO).
* * * * *
PART 1021--ADMINISTRATIVE COLLECTION OF ENFORCEMENT CLAIMS
0
18. The authority citation for part 1021 continues to read as follows:
Authority: 31 U.S.C. 3701, 3711, 3717, 3718.
0
19. Revise Sec. 1021.3 to read as follows:
Sec. 1021.3 Enforcement collection designee.
The Director, Office of Public Assistance, Governmental Affairs,
and Compliance, Surface Transportation Board, is the Board's designee
to take all necessary action administratively to settle by collection,
compromise, suspension or termination, enforcement claims within the
contemplation of the Federal Claims Collection Act of 1966.
0
20. Revise Sec. 1021.6 to read as follows:
Sec. 1021.6 Method of claim payment.
Debtors shall be required to settle claims by:
(a) Payment via the Board's electronic payment system found on the
Board's website.
(b) Installment payments via the Board's electronic payment system
found on the Board's website after the execution of a promissory note
containing an agreement for judgment.
PART 1102--COMMUNICATIONS
0
21. The authority citation for part 1102 continues to read as follows:
Authority: 49 U.S.C. 1321.
0
22. Amend part 1102 by removing the text ``Chief, Section of
Administration, Office of Proceedings'', wherever it appears, and
adding, in its place, the text ``Chief of Case Administration, Office
of Chief Counsel''.
PART 1103--PRACTITIONERS
0
23. The authority citation for part 1103 continues to read as follows:
Authority: 21 U.S.C. 862; 49 U.S.C. 1303(c), 1321.
0
24. Amend Sec. 1103.3 by revising the second and third sentences of
paragraph (d) to read as follows:
Sec. 1103.3 Persons not attorneys-at-law--qualifications and
requirements for practice before the Board.
* * * * *
(d) * * * Payment must be made via the Board's electronic payment
system found on the Board's website. Cash payment or payment via check
or money order will not be accepted.
* * * * *
0
25. Amend Sec. 1103.4 by revising the first sentence of paragraph (d)
to read as follows:
Sec. 1103.4 Initial appearances.
* * * * *
(d) Filing a letter with the Chief of Case Administration, Office
of Chief Counsel, Surface Transportation Board stating that
practitioner is authorized to represent a party. * * *
PART 1104--FILING WITH THE BOARD--COPIES--VERIFICATION--SERVICE--
PLEADINGS, GENERALLY
0
26.The authority citation for part 1104 continues to read as follows:
Authority: 5.U.S.C. 553 and 559; 18 U.S.C. 1621; and 49 U.S.C.
1321.
0
27. Amend Sec. 1104.1 by revising paragraph (a) to read as follows:
Sec. 1104.1 Address, identification, and electronic filing option.
(a) Except as provided in 49 CFR 1115.7, pleadings should be
addressed to the ``Chief of Case Administration, Office of Chief
Counsel, Surface Transportation Board, Washington, DC 20423-0001,'' and
should designate the docket number and title of the proceeding, if
known.
* * * * *
PART 1105--PROCEDURES FOR IMPLEMENTATION OF ENVIRONMENTAL LAWS
0
28. The authority citation for part 1105 continues to read as follows:
Authority: 16 U.S.C. 1456 and 1536; 42 U.S.C. 4332 and 6362(b);
49 U.S.C. 1301 note (1995) (Savings Provisions), 1321(a), 10502, and
10903-10905; 54 U.S.C. 306108.
0
29. Revise Sec. 1105.12 to read as follows:
Sec. 1105.12 Sample newspaper notices for abandonment exemption
cases.
In every abandonment exemption case, the applicant shall publish a
notice in a newspaper of general circulation in each county in which
the line is located and certify to the Board that it has done this by
the date its notice of (or petition for) exemption is filed. The notice
shall alert the public to the proposed abandonment, to available reuse
alternatives, such as trail use and public use, and to how it may
participate in a Board proceeding. Sample newspaper notices are
provided in appendix A to this part for guidance to the railroads.
0
30. Add appendix A to part 1105 to read as follows:
Appendix A to Part 1105--Sample Newspaper Notices
Sample Local Newspaper Notice for Out-of-Service Abandonment Exemptions
Notice of Intent To Abandon or To Discontinue Rail Service
Name of railroad) gives notice that on or about (insert date
notice of exemption will be filed with the Surface Transportation
Board), it intends to file with the Surface Transportation Board,
Washington, DC, a notice of exemption under 49 CFR 1152 Subpart F--
Exempt Abandonments permitting the (abandonment of or discontinuance
of service on) a__mile line of railroad between railroad milepost
__, near (station name), which traverses through United States
Postal Service ZIP Codes (ZIP Codes) and railroad milepost __, near
(station name) which traverses through United States Postal Service
ZIP Codes (ZIP Codes) in__County(ies), (State). The proceeding will
be docketed as No. AB__(Sub-No.__X).
The Board's Office of Environmental Analysis (OEA) will
generally prepare an Environmental Assessment (EA), which will
normally be available 25 days after the filing of the notice of
exemption. Comments on environmental and energy matters should be
filed no later than 15 days after the EA becomes available to the
public and will be addressed in a Board decision. Interested persons
may obtain a copy of the EA or make inquiries regarding
environmental matters by writing to the Office of Environmental
Analysis (OEA), Surface Transportation Board, Washington, DC or by
calling that office at [INSERT TELEPHONE NUMBER].
Appropriate offers of financial assistance to continue rail
service can be filed with the Board. Requests for environmental
conditions, public use conditions, or rail banking/trails use also
can be filed with the Board. An original and 10 copies of any
[[Page 4854]]
pleading that raises matters other than environmental issues (such
as trails use, public use, and offers of financial assistance) must
be filed directly with the Board's Office of Chief Counsel,
Washington, DC [See 49 CFR 1104.1(a) and 1104.3(a)], and one copy
must be served on applicants' representative [See 49 CFR
1104.12(a)]. Questions regarding offers of financial assistance,
public use or trails use may be directed to the Board's Office of
Public Assistance, Governmental Affairs, and Compliance at [INSERT
TELEPHONE NUMBER]. Copies of any comments or requests for conditions
should be served on the applicant's representative: (Name, address
and phone number).
Sample Local Newspaper Notice for Petitions for Abandonment Exemptions
Notice of Intent To Abandon or To Discontinue Rail Service
(Name of railroad) gives notice that on or about (insert date
petition for abandonment exemption will be filed with the Surface
Transportation Board) it intends to file with the Surface
Transportation Board, Washington, DC, a petition for exemption under
49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C.
10903, et seq., permitting the (abandonment of or discontinuance of
service on) a__mile line of railroad between railroad milepost__,
near (station name) which traverses through United States Postal
Service ZIP Codes (ZIP Codes), and railroad milepost__, near
(station name) which traverses through United States Postal Service
ZIP Codes (ZIP Codes) in__County(ies), (State). The proceeding has
been docketed as No. AB__(Sub-No.__X).
The Board's Office of Environmental Analysis (OEA) will
generally prepare an Environmental Assessment (EA), which will
normally be available 60 days after the filing of the petition for
abandonment exemption. Comments on environmental and energy matters
should be filed no later than 30 days after the EA becomes available
to the public and will be addressed in a Board decision. Interested
persons may obtain a copy of the EA or make inquiries regarding
environmental matters by writing to OEA, Surface Transportation
Board, Washington, DC or by calling OEA at [INSERT TELEPHONE
NUMBER].
Appropriate offers of financial assistance to continue rail
service can be filed with the Board. Requests for environmental
conditions, public use conditions, or rail banking/trails use also
can be filed with the Board. An original and 10 copies of any
pleading that raises matters other than environmental issues (such
as trails use, public use, and offers of financial assistance) must
be filed directly with the Board's Office of Chief Counsel,
Washington, DC [See 49 CFR 1104.1(a) and 1104.3(a)], and one copy
must be served on applicants' representative [See 49 CFR
1104.12(a)]. Questions regarding offers of financial assistance,
public use or trails use may be directed to the Board's Office of
Public Assistance, Governmental Affairs, and Compliance at [INSERT
TELEPHONE NUMBER]. Copies of any comments or requests for conditions
should be served on the applicant's representative (name and
address).
PART 1109--USE OF MEDIATION IN BOARD PROCEEDINGS
0
31. The authority citation for part 1109 continues to read as follows:
Authority: 49 U.S.C. 1321(a) and 5 U.S.C. 571 et seq.
0
32. Amend Sec. 1109.3 by revising the second sentence of paragraph (e)
to read as follows:
Sec. 1109.3 Mediation procedures.
* * * * *
(e) * * * Any such request should be submitted to the Chief of Case
Administration, Office of Chief Counsel. * * *
* * * * *
PART 1110--PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS
0
33. The authority citation for part 1110 continues to read as follows:
Authority: 49 U.S.C. 1321.
0
34. Amend part 1110 by:
0
a. Removing the text ``Office of Proceedings'', wherever it appears,
and adding, in its place, the text ``Office of Chief Counsel''; and
0
b. Removing the text ``Chief, Section of Administration'', wherever it
appears, and adding, in its place, the text ``Chief of Case
Administration''.
PART 1113--ORAL HEARINGS
0
35. The authority citation for part 1113 continues to read as follows:
Authority: 5 U.S.C. 559; 49 U.S.C. 1321.
0
36. Amend Sec. 1113.2 by revising the second sentence of paragraph (a)
and the fifth sentence of paragraph (d) to read as follows:
Sec. 1113.2 Subpoenas.
(a) * * * A subpoena may be issued by the Board or by the officer
presiding at a hearing and must be signed by the Chief Counsel or a
member of the Board.
* * * * *
(d) * * * The original subpoena bearing or accompanied by the
required return, affidavit, statement, or acceptance of service, should
be returned forthwith to the Chief of Case Administration, Office of
Chief Counsel, unless otherwise directed.
* * * * *
0
37. Amend Sec. 1113.17 by revising the third sentence of paragraph (c)
to read as follows:
Sec. 1113.17 Transcript of record.
* * * * *
(c) * * * If no objections are timely filed, the Office of Chief
Counsel shall make the suggested corrections to the transcript. * * *
* * * * *
PART 1114--EVIDENCE; DISCOVERY
0
38. The authority citation for part 1114 continues to read as follows:
Authority: 5 U.S.C. 559; 49 U.S.C. 1321.
0
39. Amend Sec. 1114.24 by revising the first sentence of paragraph (h)
to read as follows:
Sec. 1114.24 Depositions; procedures.
* * * * *
(h) * * * The officer shall either submit the deposition and all
exhibits by e-filing (provided the filing complies with 49 CFR
1104.1(e)) or securely seal the deposition and all exhibits in an
envelope endorsed with sufficient information to identify the
proceeding and marked ``Deposition of (here insert name of witness)''
and personally deliver or promptly send it by registered mail to the
Office of Chief Counsel. * * *
* * * * *
0
40. Amend Sec. 1114.31 by revising paragraph (a)(4) as follows:
Sec. 1114.31 Failure to respond to discovery.
(a) * * *
(4) Ruling on motion to compel in stand-alone cost and simplified
standards rate cases. Within 5 business days after a conference with
the parties convened pursuant to paragraph (a)(3) of this section, the
Chief Counsel will issue a summary ruling on the motion to compel
discovery. If no conference is convened, the Chief Counsel will issue
this summary ruling within 10 days after the filing of the reply to the
motion to compel. Appeals of a Chief Counsel's ruling will proceed
under 49 CFR 1115.9, and the Board will attempt to rule on such appeals
within 20 days after the filing of the reply to the appeal.
* * * * *
PART 1115--APPELLATE PROCEDURES
0
41. The authority citation for part 1115 continues to read as follows:
Authority: 5 U.S.C. 559; 49 U.S.C. 1321; 49 U.S.C. 11708.
0
42. Revise Sec. 1115.7 to read as follows:
Sec. 1115.7 Petitions for judicial review; mailing address.
Petitions for judicial review of final agency orders may be served
on the Board pursuant to 28 U.S.C. 2112(a) and be addressed to ``Chief
Counsel, Office
[[Page 4855]]
of Chief Counsel, Surface Transportation Board, Washington, DC 20423.''
PART 1116--ORAL ARGUMENT BEFORE THE BOARD
0
43. The authority citation for part 1116 continues to read as follows:
Authority: 49 U.S.C. 1321.
0
44. Amend Sec. 1116.1 by revising paragraph (a) to read as follows:
Sec. 1116.1 Requests.
(a) Addressee. Requests for oral argument should be addressed to
the Chief of Case Administration, Office of Chief Counsel, Surface
Transportation Board, Washington, DC 20423-0001.
* * * * *
PART 1130--INFORMAL COMPLAINTS
0
45. The authority citation for part 1130 continues to read as follows:
Authority: 49 U.S.C. 1321, 13301(f), 14709.
0
46. Amend Sec. 1130.2(g)(2) by revising the first and second sentences
of paragraph (g)(2) to read as follows:
Sec. 1130.2 When damages sought.
* * * * *
(g) * * *
(2) * * * Tariff reconciliation petitions (letters of intent) shall
be served on all parties named in the petition by the party that files
the petition and will be made available by the Board for public
inspection in the Office of Public Assistance, Governmental Affairs,
and Compliance, Surface Transportation Board, Washington, DC 20423. Any
interested person may protest the granting of a petition by filing a
letter of objection with the Office of Public Assistance, Governmental
Affairs, and Compliance within 30 days of Board receipt of the
petition. * * *
* * * * *
PART 1132--PROTESTS REQUESTING SUSPENSION AND INVESTIGATION OF
COLLECTIVE RATEMAKING ACTIONS
0
47. The authority citation for part 1132 continues to read as follows:
Authority: 49 U.S.C. 1321, 13301(f), and 13703.
0
48. Amend Sec. 1132.1 by revising the first sentence of paragraph (c)
to read as follows:
Sec. 1132.1 Protest against collective ratemaking actions.
* * * * *
(c) * * * Every protest or reply filed under this section should be
directed to the attention of the Chief of Case Administration, Office
of Chief Counsel, Surface Transportation Board. * * *
* * * * *
PART 1150--CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD
LINES
0
49. The Authority citation for part 1150 continues to read as follows:
Authority: 49 U.S.C. 1321(a), 10502, 10901, and 10902.
0
50. Amend part 1150 by:
0
a. Removing the text ``Chief, Section of Administration, Office of
Proceedings'', wherever it appears, and adding, in its place, the text
``Chief of Case Administration, Office of Chief Counsel''; and
0
b. Removing the text ``Director of the Office of Proceedings'',
wherever it appears, and adding, in its place, the text ``Chief
Counsel''.
PART 1151--FEEDER RAILROAD DEVELOPMENT PROGRAM
0
51. The authority citation for part 1151 continues to read as follows:
Authority: 49 U.S.C. 10907.
0
52. Amend Sec. 1151.2 by:
0
a. Revising the first sentences of paragraphs (b)(1) and (2) and
(c)(2); and
0
b. Revising paragraphs (d)(2) and (j).
The revision reads as follows:
Sec. 1151.2 Procedures.
* * * * *
(b) * * *
(1) The Board, through the Chief Counsel, will accept a complete
application no later than 30 days after the application is filed by
publishing a notice in the Federal Register. * * *
(2) The Board, through the Chief Counsel, will reject an incomplete
application by serving a decision no later than 30 days after the
application is filed. * * *
(c) * * *
(2) The Board, through the Chief Counsel, will issue a decision
accepting or rejecting a competing application no later than 15 days
after it is filed. * * *
(d) * * *
(2) The Board, through the Chief Counsel, will by decision
conditionally accept incomplete initial or competing applications, if
the Chief Counsel determines that the discovery sought is necessary for
the application and primarily or exclusively within the knowledge of
the owning carrier.
* * * * *
(j) Waiver. Prior to filing an initial or competing application, an
applicant may file a petition to waive or clarify specific portions of
this part. A decision by the Chief Counsel granting or denying a
petition for waiver or clarification will be issued within 30 days of
the date the petition is filed. Appeals from the Chief Counsel's
decision will be decided by the entire Board.
* * * * *
PART 1152--ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL
TRANSPORTATION UNDER 49 U.S.C. 10903
0
53. The authority citation for part 1152 continues to read as follows:
Authority: 11 U.S.C. 1170; 16 U.S.C. 1247(d) and 1248; 45 U.S.C.
744; and 49 U.S.C. 1301, 1321(a), 10502, 10903-10905, and 11161.
0
54. Amend part 1152 by:
0
a. Removing the text ``Director'' and ``Director of the Office of
Proceedings'', wherever it appears, and adding, in its place, the text
``Chief Counsel'';
0
b. Removing the text ``Chief, Section of Administration, Office of
Proceedings'', wherever it appears, and adding, in its place, the text
``Chief of Case Administration, Office of Chief Counsel''; and
0
c. Removing the text ``Director's decision'', wherever it appears, and
adding, in its place, the text ``Chief Counsel's decision''.
0
55. Amend Sec. 1152.24 by revising the third sentence of paragraph (a)
to read as follows:
Sec. 1152.24 Filing and service of application.
(a) * * * The applicable filing fee must be paid via the Board's
electronic payment system (see 49 CFR part 1002). * * *
* * * * *
PART 1155--SOLID WASTE RAIL TRANSFER FACILITIES
0
56. The authority citation for part 1155 continues to read as follows:
Authority: 49 U.S.C. 1321(a), 10908, 10909, 10910.
0
57. Amend part 1155 by:
0
a. Removing the text ``Director of the Office of Proceedings'',
wherever it appears, and adding, in its place, the text ``Chief
Counsel'';
0
b. Removing the text ``Chief, Section of Administration, Office of
Proceedings'', wherever it appears, and adding, in its place, the text
``Chief of Case Administration, Office of Chief Counsel''; and
0
c. Removing the text ``Director's decision'', wherever it appears, and
adding, in its place, the text ``Chief Counsel's decision''.
[[Page 4856]]
PART 1177--RECORDATION OF DOCUMENTS
0
58. The authority citation for part 1177 continues to read as follows:
Authority: 49 U.S.C. 1321, 11301.
0
59. Amend part 1177 by:
0
a. Removing the text ``Chief, Section of Administration, Office of
Proceedings'', wherever it appears, and adding, in its place, the text
``Chief of Case Administration, Office of Chief Counsel''; and
0
b. Removing the text ``Chief, Section of Administration, Office of
Proceedings''', wherever it appears, and adding, in its place, the text
``Chief of Case Administration, Chief Counsel's''.
PART 1180--RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION
PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES
0
60. 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. 1321,
10502, 11323-11325.
Sec. 1180.4 [Amended]
0
61. Amend Sec. 1180.4 by:
0
a. In paragraph (c)(2)(ii), removing the text ``Chief, Section of
Administration, Office of Proceedings'' and adding, in its place, the
text ``Chief of Case Administration, Office of Chief Counsel'';
0
b. In paragraph (c)(6)(iii), removing the text removing the text
``Office of Proceedings'' and adding, in its place, the text ``Office
of Chief Counsel''; and
0
c. In paragraph (g)(1) introductory text, removing the text ``Section
of Administration, Office of Proceedings'' and adding, in its place,
the text ``Section of Case Administration, Office of Chief Counsel''.
PART 1253--RATE-MAKING ORGANIZATION; RECORDS AND REPORTS
0
62. The authority citation for part 1253 continues to read as follows:
Authority: 49 U.S.C. 1321, 10706, 13703, 11144, and 11145.
0
63. Amend Sec. 1253.20 by:
0
a. Revising paragraph (c)(1); and
0
b. Removing the parenthetical authority citation at the end of the
section.
The revision reads as follows:
Sec. 1253.20 Other records.
* * * * *
(c) * * *
(1) Advise the Board of any change in legal address by notifying
the Chief of Case Administration, Office of Chief Counsel; and
* * * * *
[FR Doc. 2026-02179 Filed 2-2-26; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on February 3, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.