DOT 49 CFR PART 1012-2010 MEETINGS OF THE BOARD.pdf

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1、34 49 CFR Ch. X (10110 Edition) Pt. 1012 49 U.S.C. 10907 and the implementing regulations at 49 CFR part 1151: (A) Whether to accept or reject pri-mary applications under 49 CFR 1151.2(b); competing applications under section 1151.2(c); and incomplete appli-cations under 49 CFR 1151.2(d). (B) Whethe

2、r to grant waivers from specific provisions of 49 CFR part 1151. (ix) In exemption proceedings subject to environmental or historic preserva-tion reporting requirements, to issue a decision, under 49 CFR 1105.10(g), mak-ing a finding of no significant impact where no environmental or historic preser

3、vation issues have been raised by any party or identified by the Boards Section of Environmental Analysis. (x) Whether to issue notices of ex-emption under 49 U.S.C. 10502: (A) For acquisition, lease, and oper-ation transactions under 49 U.S.C. 10901 and 10902 and the implementing regula-tions at 49

4、 CFR part 1150, subparts D and E; (B) For connecting track construc-tions under 49 U.S.C. 10901 and the im-plementing regulations at 49 CFR 1150.36; (C) For rail transactions under 49 U.S.C. 11323 and the implementing reg-ulations at 49 CFR 1180.2(d); and (D) For abandonments and discontinuances und

5、er 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

6、ex-emption under 49 U.S.C. 13541 for a transaction under 49 U.S.C. 14303 with-in 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 pas-senger carriers outside the co

7、rporate family. (xiii) Whether to issue rail modified certificates of public convenience and necessity under 49 CFR part 1150, sub-part C. (xiv) Whether to waive the regula-tions at 49 CFR part 1152, subpart C, on appropriate petition. (xv) To reject applications, petitions for exemption, and verifi

8、ed notices (filed in class exemption proceedings) for noncompliance with the environ-mental 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 97102, 95 Stat. 1465 (1981), as am

9、ended by The Department of Transportation and Re-lated Agencies Appropriations Act, 1992, Public Law 102143, section 343 (Oct. 28, 1991). (b) Office of Public Assistance, Govern-mental Affairs, and Compliance. The Of-fice of Public Assistance, Govern-mental Affairs, and Compliance is dele-gated the

10、authority to: (1) Reject tariffs and railroad trans-portation contract summaries filed with the Board that violate applicable statutes, rules, or regulations. Any re-jection of a tariff or contract summary may be by letter signed by or for the Director, Office of Public Assistance, Governmental Affa

11、irs, and Compliance. (2) Issue, on written request, infor-mal 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 pro-visions of 49 CFR part 1312. Any grant or withholding of such relie

12、f may be by letter signed by or for the Director, Of-fice of Public Assistance, Govern-mental 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 unde

13、r 49 U.S.C. 11123 and 11124 if no Board Member is reasonably available. 75 FR 30711, June 2, 2010 PART 1012MEETINGS 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

14、 to open or close a meeting. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00044 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-35 Surface Transportation Board,

15、 DOT 1012.3 1012.7 Meetings which may be closed to the public. AUTHORITY: 5 U.S.C. 552b(g), 49 U.S.C. 701, 721. SOURCE: 42 FR 13796, Mar. 11, 1977, unless otherwise noted. 1012.1 General provisions. (a) The regulations contained in this part are issued pursuant to the provi-sions of 5 U.S.C. 552b(g)

16、, added by sec-tion 3(a) of the Government in the Sun-shine Act, Pub. L. 94409 (Act), and sec-tion 17(3) of the Interstate Commerce Act. They establish procedures under which meetings of the Surface Trans-portation Board (Board) are held. They apply to oral arguments as well as to deliberative confe

17、rences. They apply to meetings of the Board. They include provisions for giving advance public notice of meetings, for holding meet-ings which may lawfully be closed to the public, and for issuing minutes and transcripts of meetings. (b) The words meeting and conference are used interchangeably in t

18、his part to mean the deliberations of at least a majority of the members of the Board, where such deliberations determine or result in the joint conduct or disposi-tion of official Board business. They do not include meetings held to determine whether some future meeting should be open or closed to

19、the public. They do not include the deliberations of mem-bers of boards of employees of the Board. (c) These regulations are not in-tended to govern situations in which members of the Board consider individ-ually and vote by notation upon mat-ters which are circulated to them in writing. Copies of t

20、he votes or state-ments of position of all Board Members eligible to participate in action taken by notation voting will be made avail-able, as soon as possible after the date upon which the action taken is made public or any decision or order adopted is served, in a public reading room or other eas

21、ily accessible place within the Board, or upon written request to the Records Officer. 42 FR 13796, Mar. 11, 1977, as amended at 64 FR 53266, 53267, Oct. 1, 1999; 74 FR 52905, Oct. 15, 2009 1012.2 Time and place of meetings. (a) Conferences, oral arguments, and other meetings are held at the Boards

22、offices located at 1925 K Street, NW, Washington, DC, unless advance notice of an alternative site is given. Room assignments will be posted at the Board on the day of the meeting. (b) Regular Board conferences are held on the first and third Tuesdays of each month, or on the following day if the re

23、gular conference day is a holiday. Oral arguments before the Board are normally scheduled on the first or third Wednesday of each month. Reg-ular Board conferences and oral argu-ments before the Board normally begin at 9:30 a.m. A luncheon recess is taken at approximately noon, and other re-cesses m

24、ay be called by the presiding officer. Times for reconvening fol-lowing a recess, or on subsequent days if a conference or oral argument lasts more than one day, are set by the pre-siding officer at the time the recess is announced. (c) Special Board conferences or oral arguments are scheduled by th

25、e Chair-man of the Board. (d) If one or more portions of the same meeting are open to the public while another portion or other portions are closed, all those portions of the meeting which are open to the public are scheduled at the beginning of the meeting agenda, and are followed by those portions

26、 which are closed. 42 FR 13796, Mar. 11, 1977, as amended at 64 FR 53267, Oct. 1, 1999 1012.3 Public notice. (a) Unless a majority of the Board de-termines that such information is ex-empt from disclosure under the Act, public notice of the scheduling of a meeting will be given by filing a copy of t

27、he notice with the Clearance Clerk of the Board for posting and for service on all parties of record in any pro-ceeding which is the subject of the meeting or any other person who has requested notice with respect to meet-ings of the Board, and by submitting a copy of the notice for publication in t

28、he FEDERAL REGISTER. (b) Public notice of a scheduled meet-ing will contain: VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00045 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without licen

29、se from IHS-,-,-36 49 CFR Ch. X (10110 Edition) 1012.4 (1) The date, time, place, and subject matter of the meeting. (2) Whether it is open to the public. (3) If the meeting or any portion of the meeting is not open to the public, an explanation of the action taken in closing the meeting or portion

30、of the meeting, together with a list of those expected to attend the meeting and their affiliations. (4) If a vote is taken on the question of whether to close a meeting or a por-tion of a meeting to the public, a state-ment of the vote or position of each Board Member eligible to participate in tha

31、t vote. If such a vote is taken, public notice of its result will be posted within one working day following com-pletion of the voting. If the result of the vote is to close the meeting or a portion of the meeting, an explanation of that action will be included in the notice to be issued within one

32、working day following completion of the voting. The public notice otherwise required by this subparagraph may be withheld if the Board finds that such informa-tion is exempt from disclosure under the Act. (5) The name and telephone number of the Board official designated to re-spond to requests for

33、information about the meeting. Unless otherwise specified, that official will be the Boards Public Information Officer, whose telephone number is (202) 275 7252. (c) Except as provided in paragraphs (d) and (e) of this section, public notice will be given at least one week before the date upon which

34、 a meeting is scheduled. (d) Due and timely execution of the Boards functions will not normally permit the giving of one weeks public notice of meetings called to consider or determine whether to suspend or inves-tigate a tariff or schedule under sec-tions 15(7), 15(8), 215(g), 218(c), 307(g), 307(i

35、), or 406(e) of the Interstate Com-merce Act (49 U.S.C. 15(7), 15(8), 316(g), 318(c), 907(g), 907(i), 1006(e); to consider whether to grant special permission to deviate from tariff filing requirements under section 6(3), 217(c), 218(a), 306(d), 306(e), or 405(d) of the Interstate Com-merce Act (49

36、U.S.C. 6(3), 317(c), 318(a), 906(d), 906(e), or 1005(d); or to consider or dispose of an application for tem-porary authority under section 210a(a) or 311(a) of the Interstate Commerce Act (49 U.S.C. 310a(a) or 911(a). Such meetings will normally be called on less than one weeks notice, and public n

37、otice will be posted and published at the earliest practicable time. (e) If a majority of the Board Mem-bers eligible to participate in the con-duct or disposition of the matter which is the subject of a meeting determines, by recorded vote, that Board business requires that a meeting be called on l

38、ess than one weeks notice, the meet-ing may be called on short notice, and public notice will be posted and pub-lished at the earliest practicable time. (f) Changes in the scheduling of a meeting which has been the subject of a public notice will also be made the subject of a public notice, which wi

39、ll be posted at the earliest practicable time. Changes in, or additions to a con-ference agenda or in the open or closed status of a meeting will be made only if a majority of the Board Members eli-gible to participate in the conduct or disposition of the matter which is the subject of the meeting d

40、etermines, by recorded vote, that the Boards busi-ness requires such change and that no earlier announcement of the change was possible. In such a case, the public notice of the change, will show the vote of each Board Member on the change. 42 FR 13796, Mar. 11, 1977, as amended at 64 FR 53267, Oct.

41、 1, 1999; 74 FR 52905, Oct. 15, 2009 1012.4 Public participation. (a) In the case of Board or Division conferences or meetings of committees of the public, members of the public will be admitted as observers only. Ac-tive participation, as by asking ques-tions or attempting to participate in the dis

42、cussion, will not be permitted, and anyone violating this proscription may be required to leave the meeting by the presiding officer. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00046 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for Re

43、saleNo reproduction or networking permitted without license from IHS-,-,-37 Surface Transportation Board, DOT 1012.6 (b) Oral arguments are always open to the public. The scheduling of par-ticipants in the arguments and the al-lotment of time is governed by 49 CFR part 1116. 42 FR 13796, Mar. 11, 19

44、77, as amended at 47 FR 49596 and 49597, Nov. 1, 1982; 47 FR 54083, Dec. 1, 1982; 47 FR 55686, Dec. 13, 1982; 57 FR 44135, Sept. 24, 1992 1012.5 Transcripts; minutes. (a) A verbatim transcript, sound re-cording or minutes will be made of all meetings closed to the public under these regulation, and

45、will be retained by the Board for two years following the date upon which the meeting ended, or until one year after the con-clusion of any proceeding with respect to which the meeting was held, which-ever occurs later. In the case of meet-ings closed to the public under 1012.7(d) (1) through (7) an

46、d (9) of this part, a transcript or recording rather than minutes will be made and re-tained. (b) The Board will make available free of charge, upon request, in a public reading room or some other easily ac-cessible place, the minutes, transcript or recording of all portions of any meeting which was

47、 closed to the public except those portions which it finds to be properly exempt from disclosure under the Act. A copy of such minutes, transcript or recording will be pro-vided, upon request, upon payment of fees as provided in part 1002 of this chapter. (c) In the case of all meetings closed to th

48、e public, the presiding officer shall cause to be made, and the Board shall retain, a statement setting forth: (1) The date, time, and place of the meeting. (2) The names and affiliations of those attending. (3) The subject matter. (4) The action taken. (5) A copy of the certification issued by the

49、General Counsel that, in his or her opinion, the meeting was one that might properly be closed to the public. 1012.6 Petitions seeking to open or close a meeting. (a) The Board will entertain petitions requesting either the opening of a meeting proposed to be closed to the public or the closing of a meeting pro-posed to be open to the public. In the case of a meeting of the Board, the original and 15 copies of such a petition shall be filed, and in the c