49 CFR Part 1001 — Inspection of Records

PART 1001—INSPECTION OF RECORDS Authority: 5 U.S.C. 552, 49 U.S.C. 1302, and 49 U.S.C. 1321. Source: 62 FR 48954, Sept. 18, 1997, unless otherwise noted. § 1001.1 Records available from the Board. (a) The following specific files and records in the custody of the Records Officer of the Surface Transportation Board are available to the public and may be inspected at the Board's office upon reasonable request during business hours (between 8:30 a.m. and 5 p.m., Monday through Friday): (1) Copies of tariffs and railroad transportation contract summaries filed with the Board pursuant to 49 U.S.C. 13702(b) and 10709(d), respectively. (2) Annual and other periodic reports filed with the Board pursuant to 49 U.S.C. 11145. (3) All docket files, which include documents of record in a proceeding. (4) File and index of instruments or documents recorded pursuant to 49 U.S.C. 11301. (5) Surface Transportation Board Administrative Issuances. (b) The following records, so-called “reading room” documents, are available for inspection and copying at the Board's office: (1) Final decisions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (2) Those statements of policy and interpretations that have been adopted by the agency and are not published in the Federal Register (3) Administrative staff manuals and instructions to staff that affect a member of the public; and (4) Copies of all records, regardless of form or format, that have been released to any person under 5 U.S.C. 552(a)(3) and that, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records. (c) The Board maintains, and makes available for inspection and copying, indexes of the documents described in paragraph (b) of this section. Final decisions are indexed in the “Surface Transportation Board Daily Releases”, which is issued by the Board every working day. This document also explains how copies of decisions can be purchased. The remaining documents are indexed as they are made available. (d) Documents described in paragraph (b) of this section that were created on and after November 1, 1996, are indexed by service date or date of issuance and are available for viewing and downloading from the Board's Electronic Reading Room at www.stb.gov, [64 FR 47711, Sept. 1, 1999, as amended at 74 FR 52902, Oct. 15, 2009; 83 FR 15077, Apr. 9, 2018] § 1001.2 Certified copies of records. Copies of and extracts from public records will be certified by the Records Officer. Persons requesting the Board to prepare such copies should clearly state the material to be copied, and whether it shall be certified. Charges will be made for certification and for the preparation of copies as provided in part 1002 of this chapter. [74 FR 52903, Oct. 15, 2009] § 1001.3 Requests to inspect other records not considered public under 5 U.S.C. 552. (a) Request and determination. (b) Appeal. (c) Alternative dispute resolution services. (1) The Board's FOIA Public Liaison by Email at FOIA.Privacy@stb.gov https://www.stb.gov/stb/foia.html; (2) The Office of Government Information Services (OGIS) by mail to Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road—OGIS, College Park, Maryland, 20740-6001, by facsimile at (202) 741-5769, or by Email at ogis@nara.gov. [81 FR 90750, Dec. 15, 2016] § 1001.4 Predisclosure notification procedures for confidential commercial information. (a) In general. (1) Confidential commercial information (2) Submitter (b) Notice to submitters. (c) When notice is required. (1) The Board has reason to believe that disclosure of the information could reasonably be expected to cause substantial competitive harm; or (2) The information has been designated, in good faith by the submitter, as confidential commercial information at the time of submission or within a reasonable time thereafter. Whenever possible, the submitter's claim of confidentiality shall be supported by a statement or certification by an officer or authorized representative of the company that the information in question is in fact confidential commercial information and has not been disclosed to the public. (d) Opportunity to object to disclosure. (2) When notice is given to a submitter under this section, the Board also shall notify the requester that it has been provided. (e) Notice of intent to disclose. (i) A description or copy of the information to be disclosed; (ii) The reasons why the submitter's disclosure objections were not sustained; and (iii) A specific disclosure date, which shall be a reasonable number of days after the notice of intent to disclose has been mailed to the submitter. (2) At the same time that notice of intent to disclose is given to a submitter, the Board shall notify the requester accordingly. (f) Notice of lawsuit. (2) Whenever a submitter brings legal action seeking to prevent disclosure of confidential commercial information, the Board shall promptly notify the requester. (g) Exception to notice requirement. (1) The Board determines that the information requested should not be disclosed; or (2) The information already has been published or otherwise officially made available to the public; or (3) Disclosure of the information is required by law (other than 5 U.S.C. 552); or (4) Disclosure is required by a Board rule that: (i) Was adopted pursuant to notice and public comment; (ii) Specifies narrow classes of records submitted to the Board that are to be released; and (iii) Provides in exceptional circumstances for notice when the submitter provides written justification, at the time the information is submitted or within a reasonable time thereafter, that disclosure of the information could reasonably be expected to cause substantial competitive harm; or (5) The information requested was not designated by the submitter as exempt from disclosure, when the submitter had an opportunity to do so at the time of submission or within a reasonable time thereafter, unless the Board has reason to believe that disclosure of the information could reasonably be expected to cause substantial competitive harm; or (6) The designation made by the submitter in accordance with these regulations appears obviously frivolous; in such case, the Board must provide the submitter only with written notice of any administrative disclosure determination within a reasonable number of days prior to the specified disclosure date.

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