Common Carrier Obligation of Railroads-Transportation of Hazardous Materials, 32786 [E8-12944]
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Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Notices
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Ex Parte No. 677 (Sub-No. 1)]
Common Carrier Obligation of
Railroads—Transportation of
Hazardous Materials
AGENCY:
Surface Transportation Board,
DOT.
dwashington3 on PRODPC61 with NOTICES
ACTION:
Notice of Public Hearing.
SUMMARY: The Surface Transportation
Board will hold a public hearing
beginning at 9 a.m. on Wednesday, July
16, 2008, at its headquarters in
Washington, DC. The purpose of the
public hearing will be to examine issues
related to the common carrier obligation
of railroads with respect to the
transportation of hazardous materials.
Persons wishing to speak at the hearing
should notify the Board in writing.
DATES: The public hearing will take
place on Wednesday, July 16, 2008. Any
person wishing to speak at the hearing
should file with the Board a written
notice of intent to participate, and
should identify the party, the proposed
speaker, and the time requested, as soon
as possible but no later than July 2,
2008. Each speaker should also file with
the Board his/her written testimony in
that same document. Written
submissions by interested persons who
do not wish to appear at the hearing will
also be due by July 2, 2008.
ADDRESSES: All notices of intent to
participate and testimony 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 otherwise
comply with the Board’s https://
www.stb.dot.gov Web site, at the ‘‘EFILING’’ link. Any person submitting a
filing in the traditional paper format
should send an original and 10 copies
of the filing to: Surface Transportation
Board, Attn: STB Ex Parte No. 677 (SubNo. 1), 395 E Street, SW., Washington,
DC 20423–0001.
FOR FURTHER INFORMATION, CONTACT:
Joseph Dettmar, (202) 245–0395.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at:
(800) 877–8339.]
SUPPLEMENTARY INFORMATION: The
common carrier obligation refers to the
statutory duty of railroads to provide
‘‘transportation or service on reasonable
request.’’ 49 U.S.C. 11101(a). A railroad
may not refuse to provide service
merely because to do so would be
inconvenient or unprofitable. G.S.
Roofing Prods. Co. v. Surface Transp.
VerDate Aug<31>2005
15:35 Jun 09, 2008
Jkt 211001
Bd., 143 F.3d 387, 391 (8th Cir. 1998).
The common carrier obligation,
however, is not absolute, and service
requests must be reasonable. Id. In
recent years, the Board has seen an
increasing number of questions arising,
both formally and informally, regarding
the extent of a railroad’s common carrier
obligation. As a result, the Board held
a hearing on April 24–25, 2008, to hear
comments from interested parties on the
common carrier obligation and to
provide a forum for discussion of that
obligation.
That hearing raised many issues
involving the obligation of railroads to
haul hazardous materials, including
toxic by inhalation hazards (TIH). For
many hazardous materials, including
TIH, rail is the safest and most efficient
mode of transportation. But, according
to the railroads, the transportation of
these materials subjects them to ruinous
liability in the event of an accident. To
allow a more detailed discussion, the
Board is holding a hearing to explore
the issues surrounding the
transportation of hazardous materials by
rail.
The Board is interested in specific
potential policy solutions to the liability
issue, including solutions modeled on
the Price-Anderson Act of 1957. The
Price-Anderson Act was designed to
ensure that adequate funds would be
available to satisfy liability claims of
members of the public for personal
injury and property damage in the event
of a catastrophic nuclear accident.
Parties may also comment on the
appropriate role of the Board in
developing such a policy solution. The
Board is also interested in the wide
range of views from all stakeholders,
including any diversity of views from
similarly situated companies or groups.
Parties are also invited to comment on
what constitutes a reasonable request for
service involving the movement of TIH,
as well as whether there are unique
costs associated with the transportation
of hazardous materials, and if so, how
railroads recover those costs. Also, the
Board would benefit from a discussion
of efforts by various federal agencies,
including the Federal Railway
Administration and the Pipeline and
Hazardous Materials Safety
Administration, to address the
transportation of hazardous materials.
Date of Hearing. The hearing will
begin at 9 a.m. on Wednesday, July 16,
2008, in the 1st floor hearing room at
the Board’s headquarters at 395 E Street,
SW., in Washington, DC, and will
continue, with short breaks if necessary,
until every person scheduled to speak
has been heard.
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
Notice of Intent To Participate. Any
person wishing to speak at the hearing
should file with the Board a written
notice of intent to participate, and
should identify the party, the proposed
speaker, and the time requested, as soon
as possible, but no later than July 2,
2008.
Testimony. Each speaker should file
with the Board his/her written
testimony with his/her notice of intent
to participate (by July 2, 2008). Also,
any interested person who wishes to
submit a written statement without
appearing at the July 16 hearing should
file that statement by July 2, 2008.
Board Releases and Live Video
Streaming Available Via the Internet.
Decisions and notices of the Board,
including this notice, are available on
the Board’s Web site at https://
www.stb.dot.gov. This hearing will be
available on the Board’s Web site by live
video streaming. To access the hearing,
click on the ‘‘Live Video’’ link under
‘‘Information Center’’ at the left side of
the home page beginning at 9 a.m. on
July 16, 2008.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
Dated: June 4, 2008.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–12944 Filed 6–9–08; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Ex Parte No. 519 (Sub-No. 4)]
Notice of National Grain Car Council
Meeting
AGENCY:
Surface Transportation Board,
DOT.
Notice of National Grain Car
Council meeting.
ACTION:
SUMMARY: Notice is hereby given of a
meeting of the National Grain Car
Council (NGCC), pursuant to section
10(a)(2) of the Federal Advisory
Committee Act, Pub. L. No. 92–463, as
amended (5 U.S.C., App. 2).
DATES: The meeting will be held on
Wednesday, June 25, 2008, beginning at
10:30 a.m. and is expected to conclude
at 3:00 p.m.
ADDRESSES: The meeting will be held at
the headquarters of the Surface
Transportation Board, 395 E Street, SW.,
in Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mel
Clemens at (202) 245–0241 or Tom
E:\FR\FM\10JNN1.SGM
10JNN1
]]>Agencies
[Federal Register Volume 73, Number 112 (Tuesday, June 10, 2008)]
[Notices]
[Page 32786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12944]
[[Page 32786]]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Ex Parte No. 677 (Sub-No. 1)]
Common Carrier Obligation of Railroads--Transportation of
Hazardous Materials
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice of Public Hearing.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board will hold a public hearing
beginning at 9 a.m. on Wednesday, July 16, 2008, at its headquarters in
Washington, DC. The purpose of the public hearing will be to examine
issues related to the common carrier obligation of railroads with
respect to the transportation of hazardous materials. Persons wishing
to speak at the hearing should notify the Board in writing.
DATES: The public hearing will take place on Wednesday, July 16, 2008.
Any person wishing to speak at the hearing should file with the Board a
written notice of intent to participate, and should identify the party,
the proposed speaker, and the time requested, as soon as possible but
no later than July 2, 2008. Each speaker should also file with the
Board his/her written testimony in that same document. Written
submissions by interested persons who do not wish to appear at the
hearing will also be due by July 2, 2008.
ADDRESSES: All notices of intent to participate and testimony 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
otherwise comply with the Board's https://www.stb.dot.gov Web site, at
the ``E-FILING'' link. Any person submitting a filing in the
traditional paper format should send an original and 10 copies of the
filing to: Surface Transportation Board, Attn: STB Ex Parte No. 677
(Sub-No. 1), 395 E Street, SW., Washington, DC 20423-0001.
FOR FURTHER INFORMATION, CONTACT: Joseph Dettmar, (202) 245-0395.
[Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at: (800) 877-8339.]
SUPPLEMENTARY INFORMATION: The common carrier obligation refers to the
statutory duty of railroads to provide ``transportation or service on
reasonable request.'' 49 U.S.C. 11101(a). A railroad may not refuse to
provide service merely because to do so would be inconvenient or
unprofitable. G.S. Roofing Prods. Co. v. Surface Transp. Bd., 143 F.3d
387, 391 (8th Cir. 1998). The common carrier obligation, however, is
not absolute, and service requests must be reasonable. Id. In recent
years, the Board has seen an increasing number of questions arising,
both formally and informally, regarding the extent of a railroad's
common carrier obligation. As a result, the Board held a hearing on
April 24-25, 2008, to hear comments from interested parties on the
common carrier obligation and to provide a forum for discussion of that
obligation.
That hearing raised many issues involving the obligation of
railroads to haul hazardous materials, including toxic by inhalation
hazards (TIH). For many hazardous materials, including TIH, rail is the
safest and most efficient mode of transportation. But, according to the
railroads, the transportation of these materials subjects them to
ruinous liability in the event of an accident. To allow a more detailed
discussion, the Board is holding a hearing to explore the issues
surrounding the transportation of hazardous materials by rail.
The Board is interested in specific potential policy solutions to
the liability issue, including solutions modeled on the Price-Anderson
Act of 1957. The Price-Anderson Act was designed to ensure that
adequate funds would be available to satisfy liability claims of
members of the public for personal injury and property damage in the
event of a catastrophic nuclear accident. Parties may also comment on
the appropriate role of the Board in developing such a policy solution.
The Board is also interested in the wide range of views from all
stakeholders, including any diversity of views from similarly situated
companies or groups.
Parties are also invited to comment on what constitutes a
reasonable request for service involving the movement of TIH, as well
as whether there are unique costs associated with the transportation of
hazardous materials, and if so, how railroads recover those costs.
Also, the Board would benefit from a discussion of efforts by various
federal agencies, including the Federal Railway Administration and the
Pipeline and Hazardous Materials Safety Administration, to address the
transportation of hazardous materials.
Date of Hearing. The hearing will begin at 9 a.m. on Wednesday,
July 16, 2008, in the 1st floor hearing room at the Board's
headquarters at 395 E Street, SW., in Washington, DC, and will
continue, with short breaks if necessary, until every person scheduled
to speak has been heard.
Notice of Intent To Participate. Any person wishing to speak at the
hearing should file with the Board a written notice of intent to
participate, and should identify the party, the proposed speaker, and
the time requested, as soon as possible, but no later than July 2,
2008.
Testimony. Each speaker should file with the Board his/her written
testimony with his/her notice of intent to participate (by July 2,
2008). Also, any interested person who wishes to submit a written
statement without appearing at the July 16 hearing should file that
statement by July 2, 2008.
Board Releases and Live Video Streaming Available Via the Internet.
Decisions and notices of the Board, including this notice, are
available on the Board's Web site at https://www.stb.dot.gov. This
hearing will be available on the Board's Web site by live video
streaming. To access the hearing, click on the ``Live Video'' link
under ``Information Center'' at the left side of the home page
beginning at 9 a.m. on July 16, 2008.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Dated: June 4, 2008.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-12944 Filed 6-9-08; 8:45 am]
BILLING CODE 4915-01-P
