Review of Commodity, Boxcar, and TOFC/COFC Exemptions, 66187-66188 [2010-27104]

Download as PDF Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices information collection, including (a) whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Issued in Washington, DC on October 20, 2010. Carla Scott, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES–200. [FR Doc. 2010–27097 Filed 10–26–10; 8:45 am] BILLING CODE 4910–13–P person using e-filing should attach a document and otherwise comply with the instructions at the ‘‘E–FILING’’ link on the Board’s ‘‘https://www.stb.dot.gov’’ Web site. 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: Docket No. EP 704, 395 E Street, SW., Washington, DC 20423–0001. Copies of written submissions will be posted to the Board’s Web site and will be available for viewing and selfcopying in the Board’s Public Docket Room, Suite 131. Copies of the submissions will also be available (for a fee) by contacting the Board’s Chief Records Officer at (202) 245–0235 or 395 E Street, SW., Washington, DC 20423–0001. Surface Transportation Board Julia Farr at (202) 245–0359. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: (800) 877–8339.] [Docket No. EP 704] SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION Review of Commodity, Boxcar, and TOFC/COFC Exemptions AGENCY: Surface Transportation Board, DOT. ACTION: Notice. The Surface Transportation Board (Board) will hold a public hearing beginning at 9:30 a.m. on December 9, 2010, in the Hearing Room on the first floor of the Board’s headquarters in Washington, DC. The purpose of the public hearing will be to review certain categorical exemptions from regulation under 49 U.S.C. 10502, specifically the commodity exemptions under 49 CFR 1039.10 and 1039.11, the boxcar exemptions under 49 CFR 1039.14, and trailer-on-flatcar/container-on-flatcar (TOFC/COFC) exemptions under 49 CFR part 1090. Persons wishing to speak at the hearing should notify the Board in writing. DATES: The public hearing will take place on December 9, 2010. Any person wishing to speak at the hearing should file with the Board a combined notice of intent to participate (identifying the party, the proposed speaker, the time requested, and the topic(s) to be covered) and the person’s written testimony by November 30, 2010. Written submissions by interested persons who do not wish to appear at the hearing are also due by November 30, 2010. ADDRESSES: All filings may be submitted either via the Board’s e-filing format or in the traditional paper format. Any srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:00 Oct 26, 2010 Jkt 223001 The exemption provisions pertaining to railroads first adopted in the Railroad Revitalization and Regulatory Reform Act of 1976, Public Law 94–210, 90 Stat. 31 (1976) (4R Act), and later modified in the Staggers Act of 1980, Public Law 96–448, 94 Stat. 1895 (1980) (Staggers Act), fundamentally changed the economic regulation of the railroad industry by the Board’s predecessor, the Interstate Commerce Commission (the Commission). Prior to 1976, the Commission heavily regulated the industry. The Commission focused its regulation on ensuring equal treatment of shippers, which in some instances, led to railroad pricing decisions based on factors other than market considerations. By the early 1970s, the railroads were in financial decline. In an effort to revitalize the struggling railroad industry, Congress enacted the 4R Act and, 4 years later, the Staggers Act. In both statutes, Congress reduced the Commission’s oversight of railroads through various means, including the statutory exemption provisions of 49 U.S.C. 10505. Under § 10505, which was enacted in the 4R Act and modified in the Staggers Act, Congress directed the Commission to exempt railroad activities when it found that regulation was not necessary to carry out the national rail transportation policy (RTP) of 49 U.S.C. 10101, and either: (1) The exemption was of limited scope; or (2) regulation was not necessary to protect shippers from abuse of market power. (These exemption provisions are now PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 66187 contained in 49 U.S.C. 10502.1) In the Staggers Act, Congress directed the Commission to pursue exemptions aggressively, and to correct any problems arising as a result of the exemption through its revocation authority.2 Consistent with that Congressional directive, the Commission exempted numerous commodities, services, and types of transactions from regulation. In its first ‘‘commodity’’ exemption, in Rail General Exemption Authority—Fresh Fruits & Vegetables, 361 I.C.C. 211 (1979), the Commission exempted certain fresh fruits and vegetables from its regulations, based largely on its conclusion that the rail market share of movements of these goods, which were subject to strong competitive forces, was minimal and declining. Since then, the agency has exempted numerous other individual commodities, listed in 49 CFR 1039.10 and 1039.11, after finding that traffic for these individual commodities was sufficiently competitive and that railroads lacked sufficient market power such that abuse of shippers was not a substantial threat.3 The Commission also exempted rail (and truck) operations provided in connection with intermodal (TOFC/ COFC) services, under 49 CFR part 1090,4 and the rail transportation of all commodities in single-line boxcar service, under 49 CFR 1039.14.5 These agency exemption decisions were instrumental in the U.S. rail system’s transition from a heavily regulated, financially weak component of the economy into a mature, relatively healthy industry that operates with only minimal oversight. The transition, however, was not without challenges, sometimes because an exemption under § 10502 excuses carriers from virtually all aspects of regulation,6 even though the Board’s continuing jurisdiction over exempted movements also extinguishes 1 49 U.S.C. 10505, Public Law 95–473, 92 Stat. 1361, has been omitted by Public Law 104–88, Title I, § 102(a). 2 H.R. Rep. No. 96–1430, at 105 (1980). 3 See, e.g., Rail Gen. Exemption Auth.— Nonferrous Recyclables, 3 S.T.B. 62 (1998); Rail Gen. Exemption Auth.—Petition of AAR to Exempt Rail Transp. of Selected Commodity Groups, 9 I.C.C. 2d 969 (1993); Exemption from Regulation— Rail Transp. Frozen Food, 367 I.C.C. 859 (1983); Liquid Iron Chloride, 367 I.C.C. 347 (1983); Rail Gen. Exemption Auth.—Miscellaneous Agric. Commodities, 367 I.C.C. 298 (1983). 4 See Central States Motor Freight Bureau v. ICC, 924 F.2d 1099 (DC Cir. 1991), for a summary of the agency’s several actions in connection with the progressive deregulation of TOFC/COFC services through the exemption process. 5 See Brae Corp. v. United States, 740 F.2d 1023 (DC Cir. 1984). 6 See Pejepscot Indus. Park—Pet. for Declaratory Order, 6 S.T.B. 886, 891, reconsideration granted in part, 7 S.T.B. 220 (2003). E:\FR\FM\27OCN1.SGM 27OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 66188 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices any common law cause of action regarding common carrier duties.7 Thus, for exempted movements, rail customers could pursue legal remedies under the Interstate Commerce Act only if they successfully petitioned the agency to revoke the exemption under 49 U.S.C. 10502(d). As long as 30 years have passed since the adoption of many of these exemptions. In recent years, the Board has received informal inquiries questioning the relevance and/or necessity of some of the existing commodity exemptions, given the changes in the competitive landscape and the railroad industry that have occurred over the past few decades. The Board will, therefore, hold a hearing to explore the continuing utility of and the issues surrounding the categorical exemptions under § 10502, specifically the various commodity exemptions under 49 CFR 1039.10 and 1039.11, the boxcar exemptions under 49 CFR 1039.14, and TOFC/COFC exemptions under 49 CFR part 1090. The Board seeks comments as to the effectiveness of these exemptions in the marketplace; whether the rationale behind any of these exemptions should be revisited; and whether the exemptions should be subject to periodic review. Date of Hearing: The hearing will begin at 9:30 a.m. on December 9, 2010, 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 and Testimony: Any person wishing to speak at the hearing should file with the Board a combined notice of intent to participate (identifying the party, the proposed speaker, the time requested, and the topic(s) to be covered) and the person’s written testimony, by November 30, 2010. Also, any interested person who wishes to submit a written statement without appearing at the December 9, 2010 hearing should also file that statement by November 30, 2010. 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 7 See Consol. Rail Corp.—Declaratory Order— Exemption, 1 I.C.C. 2d 895, 898 (1986). VerDate Mar<15>2010 18:16 Oct 26, 2010 Jkt 223001 the home page beginning at 9 a.m. on December 9, 2010. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Decided: October 21, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–27104 Filed 10–26–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Advisory Council to the Internal Revenue Service; Meeting Internal Revenue Service (IRS), Treasury. ACTION: Notice. AGENCY: The Internal Revenue Service Advisory Council (IRSAC) will hold a public meeting on Wednesday, November 17, 2010. FOR FURTHER INFORMATION CONTACT: Ms. Anna Millikan, Program Analyst, National Public Liaison, CL:NPL, 7559, 1111 Constitution Avenue, NW., Washington, D.C. 20224. Telephone: 202–622–6433 (not a toll-free number). E-mail address: *public_liaison@irs.gov. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988), a public meeting of the IRSAC will be held on Wednesday, November 17, 2010, from 9 a.m. to 1 p.m. at the Madison, Loews Hotel, 1177 15th Street, NW., Montpelier Room, Washington, DC 20005. Issues to be discussed include, but not limited to: The Issue Management Process, The New Proposed Form Regarding Uncertain Tax Positions, Automated Under Reporting (AUR) Soft Notice CP2057, Repayment of First Time Homebuyer Credit, The Filing Requirements for the Report of Foreign Bank and Financial Accounts (‘‘FBAR’’) are Confusing and Extremely Overbroad, Collection Standard Should Be Revised To Enhance Collection and to Reduce Installment Payment Default Rates, Circular 230 Enrollment of Former Internal Revenue Service Employees, Recommendations Regarding Continuing Education Program and Sponsor Requirements Under Proposed Changes to Circular 230. Reports from the four IRSAC subgroups, Large Business and International, Small SUMMARY: PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 Business/Self-Employed, Wage & Investment, and Office of Professional Responsibility will also be presented and discussed. Last minute agenda changes may preclude advanced notice. The meeting room accommodates approximately 80 people, IRSAC members and Internal Revenue Service officials inclusive. Due to limited seating, please call Anna Millikan to confirm your attendance. Ms. Millikan can be reached at 202–622–6433. Attendees are encouraged to arrive at least 30 minutes before the meeting begins. Should you wish the IRSAC to consider a written statement, please either call 202–622–6433, write to Internal Revenue Service, Office of National Public Liaison, CL:NPL:7559, 1111 Constitution Avenue, NW., Washington, DC 20224, or e-mail *public_liaison@irs.gov. Dated: October 21, 2010. Candice Cromling, Director, National Public Liaison. [FR Doc. 2010–27116 Filed 10–26–10; 8:45 am] BILLING CODE 4830–01–P UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts United States Sentencing Commission. ACTION: Notice of a temporary, emergency amendment to sentencing guidelines and commentary. AGENCY: Pursuant to section 8 of the Fair Sentencing Act of 2010, Public Law 111–220, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines and commentary. This notice sets forth the temporary, emergency amendment and the reason for amendment. The specific amendment in this notice is as follows: An amendment regarding offenses involving crack cocaine (particularly offenses covered by §§ 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) and 2D2.1 (Unlawful Possession; Attempt or Conspiracy)) and to account for certain aggravating and mitigating circumstances in drug trafficking cases (particularly cases under § 2D1.1) to implement section 8 of the Fair Sentencing Act of 2010, Public Law 111–220. DATES: The Commission has specified an effective date of November 1, 2010, for the emergency amendment. SUMMARY: E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Notices]
[Pages 66187-66188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27104]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. EP 704]


Review of Commodity, Boxcar, and TOFC/COFC Exemptions

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice.

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

SUMMARY: The Surface Transportation Board (Board) will hold a public 
hearing beginning at 9:30 a.m. on December 9, 2010, in the Hearing Room 
on the first floor of the Board's headquarters in Washington, DC. The 
purpose of the public hearing will be to review certain categorical 
exemptions from regulation under 49 U.S.C. 10502, specifically the 
commodity exemptions under 49 CFR 1039.10 and 1039.11, the boxcar 
exemptions under 49 CFR 1039.14, and trailer-on-flatcar/container-on-
flatcar (TOFC/COFC) exemptions under 49 CFR part 1090. Persons wishing 
to speak at the hearing should notify the Board in writing.

DATES: The public hearing will take place on December 9, 2010. Any 
person wishing to speak at the hearing should file with the Board a 
combined notice of intent to participate (identifying the party, the 
proposed speaker, the time requested, and the topic(s) to be covered) 
and the person's written testimony by November 30, 2010. Written 
submissions by interested persons who do not wish to appear at the 
hearing are also due by November 30, 2010.

ADDRESSES: All filings 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 instructions at 
the ``E-FILING'' link on the Board's ``https://www.stb.dot.gov'' Web 
site. 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: Docket No. EP 704, 395 E Street, SW., 
Washington, DC 20423-0001.
    Copies of written submissions will be posted to the Board's Web 
site and will be available for viewing and self-copying in the Board's 
Public Docket Room, Suite 131. Copies of the submissions will also be 
available (for a fee) by contacting the Board's Chief Records Officer 
at (202) 245-0235 or 395 E Street, SW., Washington, DC 20423-0001.

FOR FURTHER INFORMATION CONTACT: Julia Farr at (202) 245-0359. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at: (800) 877-8339.]

SUPPLEMENTARY INFORMATION: The exemption provisions pertaining to 
railroads first adopted in the Railroad Revitalization and Regulatory 
Reform Act of 1976, Public Law 94-210, 90 Stat. 31 (1976) (4R Act), and 
later modified in the Staggers Act of 1980, Public Law 96-448, 94 Stat. 
1895 (1980) (Staggers Act), fundamentally changed the economic 
regulation of the railroad industry by the Board's predecessor, the 
Interstate Commerce Commission (the Commission). Prior to 1976, the 
Commission heavily regulated the industry. The Commission focused its 
regulation on ensuring equal treatment of shippers, which in some 
instances, led to railroad pricing decisions based on factors other 
than market considerations.
    By the early 1970s, the railroads were in financial decline. In an 
effort to revitalize the struggling railroad industry, Congress enacted 
the 4R Act and, 4 years later, the Staggers Act. In both statutes, 
Congress reduced the Commission's oversight of railroads through 
various means, including the statutory exemption provisions of 49 
U.S.C. 10505. Under Sec.  10505, which was enacted in the 4R Act and 
modified in the Staggers Act, Congress directed the Commission to 
exempt railroad activities when it found that regulation was not 
necessary to carry out the national rail transportation policy (RTP) of 
49 U.S.C. 10101, and either: (1) The exemption was of limited scope; or 
(2) regulation was not necessary to protect shippers from abuse of 
market power. (These exemption provisions are now contained in 49 
U.S.C. 10502.\1\) In the Staggers Act, Congress directed the Commission 
to pursue exemptions aggressively, and to correct any problems arising 
as a result of the exemption through its revocation authority.\2\
---------------------------------------------------------------------------

    \1\ 49 U.S.C. 10505, Public Law 95-473, 92 Stat. 1361, has been 
omitted by Public Law 104-88, Title I, Sec.  102(a).
    \2\ H.R. Rep. No. 96-1430, at 105 (1980).
---------------------------------------------------------------------------

    Consistent with that Congressional directive, the Commission 
exempted numerous commodities, services, and types of transactions from 
regulation. In its first ``commodity'' exemption, in Rail General 
Exemption Authority--Fresh Fruits & Vegetables, 361 I.C.C. 211 (1979), 
the Commission exempted certain fresh fruits and vegetables from its 
regulations, based largely on its conclusion that the rail market share 
of movements of these goods, which were subject to strong competitive 
forces, was minimal and declining. Since then, the agency has exempted 
numerous other individual commodities, listed in 49 CFR 1039.10 and 
1039.11, after finding that traffic for these individual commodities 
was sufficiently competitive and that railroads lacked sufficient 
market power such that abuse of shippers was not a substantial 
threat.\3\ The Commission also exempted rail (and truck) operations 
provided in connection with intermodal (TOFC/COFC) services, under 49 
CFR part 1090,\4\ and the rail transportation of all commodities in 
single-line boxcar service, under 49 CFR 1039.14.\5\
---------------------------------------------------------------------------

    \3\ See, e.g., Rail Gen. Exemption Auth.--Nonferrous 
Recyclables, 3 S.T.B. 62 (1998); Rail Gen. Exemption Auth.--Petition 
of AAR to Exempt Rail Transp. of Selected Commodity Groups, 9 I.C.C. 
2d 969 (1993); Exemption from Regulation--Rail Transp. Frozen Food, 
367 I.C.C. 859 (1983); Liquid Iron Chloride, 367 I.C.C. 347 (1983); 
Rail Gen. Exemption Auth.--Miscellaneous Agric. Commodities, 367 
I.C.C. 298 (1983).
    \4\ See Central States Motor Freight Bureau v. ICC, 924 F.2d 
1099 (DC Cir. 1991), for a summary of the agency's several actions 
in connection with the progressive deregulation of TOFC/COFC 
services through the exemption process.
    \5\ See Brae Corp. v. United States, 740 F.2d 1023 (DC Cir. 
1984).
---------------------------------------------------------------------------

    These agency exemption decisions were instrumental in the U.S. rail 
system's transition from a heavily regulated, financially weak 
component of the economy into a mature, relatively healthy industry 
that operates with only minimal oversight. The transition, however, was 
not without challenges, sometimes because an exemption under Sec.  
10502 excuses carriers from virtually all aspects of regulation,\6\ 
even though the Board's continuing jurisdiction over exempted movements 
also extinguishes

[[Page 66188]]

any common law cause of action regarding common carrier duties.\7\ 
Thus, for exempted movements, rail customers could pursue legal 
remedies under the Interstate Commerce Act only if they successfully 
petitioned the agency to revoke the exemption under 49 U.S.C. 10502(d).
---------------------------------------------------------------------------

    \6\ See Pejepscot Indus. Park--Pet. for Declaratory Order, 6 
S.T.B. 886, 891, reconsideration granted in part, 7 S.T.B. 220 
(2003).
    \7\ See Consol. Rail Corp.--Declaratory Order--Exemption, 1 
I.C.C. 2d 895, 898 (1986).
---------------------------------------------------------------------------

    As long as 30 years have passed since the adoption of many of these 
exemptions. In recent years, the Board has received informal inquiries 
questioning the relevance and/or necessity of some of the existing 
commodity exemptions, given the changes in the competitive landscape 
and the railroad industry that have occurred over the past few decades. 
The Board will, therefore, hold a hearing to explore the continuing 
utility of and the issues surrounding the categorical exemptions under 
Sec.  10502, specifically the various commodity exemptions under 49 CFR 
1039.10 and 1039.11, the boxcar exemptions under 49 CFR 1039.14, and 
TOFC/COFC exemptions under 49 CFR part 1090. The Board seeks comments 
as to the effectiveness of these exemptions in the marketplace; whether 
the rationale behind any of these exemptions should be revisited; and 
whether the exemptions should be subject to periodic review.
    Date of Hearing: The hearing will begin at 9:30 a.m. on December 9, 
2010, 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 and Testimony: Any person wishing 
to speak at the hearing should file with the Board a combined notice of 
intent to participate (identifying the party, the proposed speaker, the 
time requested, and the topic(s) to be covered) and the person's 
written testimony, by November 30, 2010. Also, any interested person 
who wishes to submit a written statement without appearing at the 
December 9, 2010 hearing should also file that statement by November 
30, 2010.
    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 December 9, 2010.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: October 21, 2010.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-27104 Filed 10-26-10; 8:45 am]
BILLING CODE 4915-01-P
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