Statutory Support - Disclosure of Rail Interchange Commitments

Statutory Support for Disclosure of Rail Interchange Commitments
49 U.S.C. 721.

Powers

(a) In general. The Board shall carry out this chapter and subtitle IV. Enumeration
of a power of the Board in this chapter or subtitle IV does not exclude another
power the Board may have in carrying out this chapter or subtitle IV. The Board
may prescribe regulations in carrying out this chapter and subtitle IV.
(b) Inquiries, reports, and orders. The Board mayB
(1) inquire into and report on the management of the business of carriers
providing transportation and services subject to subtitle IV;
(2) inquire into and report on the management of the business of a person
controlling, controlled by, or under common control with those carriers to the
extent that the business of that person is related to the management of the business
of that carrier;
(3) obtain from those carriers and persons information the Board decides is
necessary to carry out subtitle IV; and
(4) when necessary to prevent irreparable harm, issue an appropriate order
without regard to subchapter II of chapter 5 of title 5.

5 U.S.C. 553. Rule making
(a) This section applies, according to the provisions thereof, except to the extent
that there is involved-(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public
property, loans, grants, benefits, or contracts.
(b) General notice of proposed rule making shall be published in the Federal
Register, unless persons subject thereto are named and either personally served or
otherwise have actual notice thereof in accordance with law. The notice shall
include–
(1) a statement of the time, place, and nature of public rule making
proceedings;
(2) reference to the legal authority under which the rule is proposed; and

(3) either the terms or substance of the proposed rule or a description of the
subjects and issues involved.
Except when notice or hearing is required by statute, this subsection does not
apply–
(A) to interpretative rules, general statements of policy, or rules of agency
organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and
a brief statement of reasons therefor in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to the
public interest.
(c) After notice required by this section, the agency shall give interested persons an
opportunity to participate in the rule making through submission of written data,
views, or arguments with or without opportunity for oral presentation. After
consideration of the relevant matter presented, the agency shall incorporate in the
rules adopted a concise general statement of their basis and purpose. When rules
are required by statute to be made on the record after opportunity for an agency
hearing, sections 556 and 557 of this title apply instead of this subsection.
(d) The required publication or service of a substantive rule shall be made not less
than 30 days before its effective date, except–
(1) a substantive rule which grants or recognizes an exemption or relieves a
restriction;
(2) interpretative rules and statements of policy; or
(3) as otherwise provided by the agency for good cause found and published
with the rule.
(e) Each agency shall give an interested person the right to petition for the
issuance, amendment, or repeal of a rule.