Rail Transportation Contracts Under 49 U.S.C. 10709, 13523 [E8-5058]

Download as PDF Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Proposed Rules I. National Technology Transfer and Advancement Act DEPARTMENT OF TRANSPORTATION Surface Transportation Board This proposed rule does not involve technical standards. This proposed rule merely replaces interim gaseous emission measurement accuracy allowances for portable emission measurement systems with final values and delays the implementation schedule for the in-use PM testing program. Thus, we have determined that the requirements of the NTTAA do not apply. See the direct final rule EPA has published in the ‘‘Rules and Regulations’’ section of today’s Federal Register for a more extensive discussion of NTTAA policy. J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations EPA has determined that this proposed rule will not have disproportionately high and Adverse human health or environmental effects on minority or low income populations because it does not affect the level of protection provided to human health or the environment. See the direct final rule EPA has published in the ‘‘Rules and Regulations’’ section of today’s Federal Register for a more extensive discussion of Executive Order 13045. K. Statutory Authority, The statutory authority for this action comes from 42 U.S.C. 7401–7671q. C. 7607(d). List of Subjects in 40 CFR Part 86 Environmental protection, Administrative practice and procedure, Confidential business information, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements. Dated: February 28, 2008. Stephen L. Johnson, Administrator. [FR Doc. 08–1017 Filed 3–12–08; 8:45 am] rwilkins on PROD1PC63 with PROPOSALS BILLING CODE 6560–50–M VerDate Aug<31>2005 16:23 Mar 12, 2008 Jkt 214001 49 CFR Chapter X [STB Ex Parte No. 676] Rail Transportation Contracts Under 49 U.S.C. 10709 AGENCY: Surface Transportation Board, DOT. Advance Notice of Proposed Rulemaking. ACTION: SUMMARY: The Surface Transportation Board seeks public comments on a proposal to require railroads to include a disclosure statement in any document that they consider to be a rail transportation contract under 49 U.S.C. 10709. DATES: Comments are due by May 12, 2008. ADDRESSES: Comments may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should attach a document and comply with the instructions at the E-FILING link on the Board’s Web site, at: https:// www.stb.dot.gov. Any person submitting a filing in the traditional paper format should send an original and 10 copies to: Surface Transportation Board, Attn: STB Ex Parte No. 676, 395 E Street, SW., Washington, DC 20423–0001. Copies of written comments will be available from the Board’s contractor, ASAP Document Solutions (Mailing Address: Suite 103, 9332 Annapolis Rd., Lanham, MD 20706; e-mail address: asapdc@verizon.net; telephone number: 202–306–4004). The comments will also be available for viewing and selfcopying in the Board’s Public Docket Room, Room 131, and will be posted to the Board’s Web site at: https:// www.stb.dot.gov. FOR FURTHER INFORMATION CONTACT: Timothy J. Strafford at 202–245–0356. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] SUPPLEMENTARY INFORMATION: In recent proceedings, the Board has noted that PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 13523 there is often no clear distinction between regulated common carrier rates and unregulated rail transportation contracts. See, e.g., Kansas City Power & Light Company v. Union Pacific Railroad Company, STB Docket No. 42095 (STB served July 27, 2006); Interpretation of the Term ‘‘Contract’’ in 49 U.S.C. 10709, STB Ex Parte No. 669 (STB served Mar. 29, 2007). The Board has instituted this rulemaking proceeding to consider imposing a requirement that each rail carrier provide a full disclosure statement when it seeks to enter into a rail transportation contract under 49 U.S.C. 10709. The statement would explicitly advise the shipper that the carrier intends the document to be a rail transportation contract, and that any transportation under the document would not be subject to regulation by the Board. Moreover, it would advise the shipper that it has a statutory right to request a common carriage rate that the carrier would then have to supply promptly, and such a rate might be open to challenge before the Board. The proposal would also require that, before entering into a rail transportation contract, the carrier provide the shipper an opportunity to sign a written informed consent statement in which the shipper acknowledges, and states its willingness to forgo, its regulatory options. Interested persons are invited to comment on the proposal and the Board welcomes suggestions as to what language should be included in this full disclosure/informed consent requirement. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Authority: 49 U.S.C. 721, 49 U.S.C. 10709. Decided: March 6, 2008. By the Board, Chairman Nottingham, Vice Chairman Mulvey, and Commissioner Buttrey. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–5058 Filed 3–12–08; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\13MRP1.SGM 13MRP1

Agencies

[Federal Register Volume 73, Number 50 (Thursday, March 13, 2008)]
[Proposed Rules]
[Page 13523]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5058]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X

[STB Ex Parte No. 676]


Rail Transportation Contracts Under 49 U.S.C. 10709

AGENCY: Surface Transportation Board, DOT.

ACTION: Advance Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Surface Transportation Board seeks public comments on a 
proposal to require railroads to include a disclosure statement in any 
document that they consider to be a rail transportation contract under 
49 U.S.C. 10709.

DATES: Comments are due by May 12, 2008.

ADDRESSES: Comments may be submitted either via the Board's e-filing 
format or in the traditional paper format. Any person using e-filing 
should attach a document and comply with the instructions at the E-
FILING link on the Board's Web site, at: https://www.stb.dot.gov. Any 
person submitting a filing in the traditional paper format should send 
an original and 10 copies to: Surface Transportation Board, Attn: STB 
Ex Parte No. 676, 395 E Street, SW., Washington, DC 20423-0001.
    Copies of written comments will be available from the Board's 
contractor, ASAP Document Solutions (Mailing Address: Suite 103, 9332 
Annapolis Rd., Lanham, MD 20706; e-mail address: asapdc@verizon.net; 
telephone number: 202-306-4004). The comments will also be available 
for viewing and self-copying in the Board's Public Docket Room, Room 
131, and will be posted to the Board's Web site at: https://
www.stb.dot.gov.

FOR FURTHER INFORMATION CONTACT: Timothy J. Strafford at 202-245-0356. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: In recent proceedings, the Board has noted 
that there is often no clear distinction between regulated common 
carrier rates and unregulated rail transportation contracts. See, e.g., 
Kansas City Power & Light Company v. Union Pacific Railroad Company, 
STB Docket No. 42095 (STB served July 27, 2006); Interpretation of the 
Term ``Contract'' in 49 U.S.C. 10709, STB Ex Parte No. 669 (STB served 
Mar. 29, 2007). The Board has instituted this rulemaking proceeding to 
consider imposing a requirement that each rail carrier provide a full 
disclosure statement when it seeks to enter into a rail transportation 
contract under 49 U.S.C. 10709. The statement would explicitly advise 
the shipper that the carrier intends the document to be a rail 
transportation contract, and that any transportation under the document 
would not be subject to regulation by the Board. Moreover, it would 
advise the shipper that it has a statutory right to request a common 
carriage rate that the carrier would then have to supply promptly, and 
such a rate might be open to challenge before the Board. The proposal 
would also require that, before entering into a rail transportation 
contract, the carrier provide the shipper an opportunity to sign a 
written informed consent statement in which the shipper acknowledges, 
and states its willingness to forgo, its regulatory options. Interested 
persons are invited to comment on the proposal and the Board welcomes 
suggestions as to what language should be included in this full 
disclosure/informed consent requirement.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Authority: 49 U.S.C. 721, 49 U.S.C. 10709.

    Decided: March 6, 2008.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-5058 Filed 3-12-08; 8:45 am]
BILLING CODE 4915-01-P
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