Ag Processing Inc A Cooperative-Petition for Declaratory Order; Institute Proceeding and Hold Oral Argument, 59771-59772 [2011-24699]

Download as PDF Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 7, 2011. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by October 17, 2011, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to BNSF’s representative: Karl Morell, Of Counsel, Ball Janik LLP, 655 Fifteenth Street, NW., Suite 225, Washington, DC 20005. If the verified notice contains false or misleading information, the exemption is void ab initio. BNSF has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by September 30, 2011. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at 1–800–877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), BNSF shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by BNSF’s filing of a notice of consummation by September 27, 2012, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: September 22, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Unit. [FR Doc. 2011–24784 Filed 9–26–11; 8:45 am] BILLING CODE 4915–01–P 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). VerDate Mar<15>2010 16:35 Sep 26, 2011 Jkt 223001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35387] Ag Processing Inc A Cooperative— Petition for Declaratory Order; Institute Proceeding and Hold Oral Argument In response to a petition filed by Ag Processing Inc A Cooperative (Ag Processing) regarding the reasonableness of a Norfolk Southern Railway Company (NSR) tariff, the Surface Transportation Board is instituting a declaratory order proceeding under 49 U.S.C. 721 and 5 U.S.C. 554(e). The Board also will hold oral argument to address issues in this proceeding on Tuesday, October 25, 2011, at 9:30 a.m., in the hearing room at the Board’s headquarters located at 395 E Street, SW., Washington, DC. The oral argument will be open for public observation, but only counsel for the parties will be permitted to present argument. On July 20, 2010, Ag Processing filed a petition for declaratory order challenging the reasonableness of an NSR tariff insofar as it imposes charges and penalties on loaded rail cars that exceed the car’s weight limit as a result of weather conditions encountered after the car is delivered to the railroad. The petition was amended to add other shippers 1 and to continue the challenge after NSR revised the tariff. At Petitioners’ request, the Board ordered the parties to mediate the dispute, but mediation was unsuccessful, and NSR filed a motion to dismiss the petition on January 27, 2011, along with confidential materials subject to a protective order. The Petitioners filed their reply on March 8, 2011. The Board does not anticipate the need for additional evidentiary filings in this proceeding. The Board is setting this case for oral argument on the issues raised in this case. The parties should be prepared to discuss: (1) Industry practice relating to cars made overweight by snow or ice; (2) how frequently closed-hopper cars and tank cars are made overweight by snow and ice and how those cars have been brought into compliance in the past; (3) what NSR’s overweight policies were prior to adopting the procedures in question; and (4) whether the agency’s treatment of demurrage—which also involves issues of due diligence and equipment usage—is a useful model to 1 The amended petition added Bunge North America, Inc., Archer Daniels Midland Company, Louis Dreyfus Corporation, and Perdue Agribusiness, Inc. as petitioners (collectively, Petitioners). PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 59771 employ here. The Petitioners and NSR will each have 20 minutes of argument time. The Petitioners may reserve part of their time for rebuttal if they so choose. By October 18, 2011, each party shall submit to the Board the name of the counsel who will be presenting its argument. The Petitioners, in their filing, shall also address the requested time reserved for rebuttal, if any. Parties should prepare a short oral statement and be prepared to answer questions from the Board. The purpose of oral argument is to provide an opportunity for questions that the Board may have regarding any issue in the proceeding. Counsel for the parties shall check in with Board staff in the hearing room prior to the argument. A video broadcast of the oral argument will be available via the Board’s website at https:// www.stb.dot.gov, under ‘‘Information Center’’/‘‘Webcast’’/‘‘Live Video’’ on the home page. Instructions for Attendance at Hearing The STB requests that all persons attending the hearing use the Patriots Plaza Building’s main entrance at 395 E Street, SW. (closest to the northeast corner of the intersection of 4th and E Streets). There will be no reserved seating, except for those scheduled to present oral arguments. The building will be open to the public at 7 a.m., and participants are encouraged to arrive early. There is no public parking in the building. Upon arrival, check in at the 1st floor security desk in the main lobby. Be prepared to produce valid photographic identification (driver’s license or local, state, or Federal government identification); sign-in at the security desk; receive a hearing room pass (to be displayed at all times); submit to an inspection of all briefcases, handbags, etc.; then pass through a metal detector. Persons choosing to exit the building during the course of the hearing must surrender their hearing room passes to security personnel and will be subject to the above security procedures if they choose to re-enter the building. Hearing room passes likewise will be collected from those exiting the hearing upon its conclusion. Laptops and recorders may be used in the hearing room, but no provision will be made for connecting personal computers to the Internet. Cellular telephone use is not permitted in the hearing room; cell phones may be used quietly in the corridor surrounding the hearing room or in the building’s main lobby. The Board’s hearing room complies with the Americans with Disabilities E:\FR\FM\27SEN1.SGM 27SEN1 59772 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices Act, and persons needing such accommodations should call (202) 245– 0245, by the close of business on October 18, 2011. For further information regarding the oral argument, contact Amy Ziehm, (202) 245–0391. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877–8339. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. A declaratory order proceeding under 5 U.S.C. 554 and 49 U.S.C. 721 is instituted. 2. Oral argument in this proceeding will be held on Tuesday, October 25, 2011, at 9:30 a.m., in the Surface Transportation Board Hearing Room, at 395 E Street, SW., Washington, DC, as described above. 3. By October 18, 2011, the participants shall submit to the Board the names of the counsel who will be presenting argument and the name of the party counsel will be representing. The Petitioners shall also address the requested time reserved for rebuttal, if any. 4. This decision is effective on the date of service. Decided: September 21, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–24699 Filed 9–26–11; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 4915–01–P VerDate Mar<15>2010 16:35 Sep 26, 2011 Jkt 223001 DEPARTMENT OF VETERANS AFFAIRS Advisory Committee on Minority Veterans, Notice of Meeting The Department of Veterans Affairs (VA) gives notice under the Public Law 92–463 (Federal Advisory Committee Act) that the Advisory Committee on Minority Veterans will meet on October 25–27, 2011, in room C–7 at the Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC. The sessions will begin at 8 a.m. each day and adjourn at 6:15 p.m. on October 25; at 5:15 p.m. on October 26; and at 5 p.m. on October 27. The purpose of the Committee is to advise the Secretary on the administration of VA benefits and services to minority Veterans; to assess the needs of minority Veterans; and to evaluate whether VA compensation, medical and rehabilitation services, outreach, and other programs are meeting those needs. The Committee makes recommendations to the Secretary regarding such activities. On October 25, the Committee will receive briefings and updates from the Veterans Health Administration, Center for Minority Veterans, Office of Policy and Planning, Human Resources and Administration, and a round table discussion with ex-officio members. On October 26, the Committee will receive briefings and updates on the National Cemetery Administration, Office of Public and Intergovernmental Affairs, Veterans Benefits Administration, and Office of Small and Disadvantaged Business Utilization. In the morning on PO 00000 Frm 00117 Fmt 4703 Sfmt 9990 October 27, the Committee will meet at VA Central Office and travel the Congressional Building to meet and have a roundtable discussion with the Congressional Tri-Caucus. Members of this Tri-Caucus include: Congressional Hispanic Caucus, Congressional Black Caucus, and Asian Pacific American Caucus. Upon conclusion, the Committee will adjourn to travel back to VA Central Office to begin working on their after action report. The Committee will receive public comments from 11 a.m. to 11:30 a.m. In the afternoon, the Committee will continue to work on their after action report. A sign-in sheet for those who want to give comments will be available at the meeting. Individuals who speak are invited to submit a 1–2 page summaries of their comments at the time of the meeting for inclusion in the official meeting record. Members of the public may also submit written statements for the Committee’s review to Mr. Dwayne Campbell, Department of Veterans Affairs, Center for Minority Veterans (00M), 810 Vermont Avenue, NW., Washington, DC 20420, or e-mail at Dwayne.campbell3@va.gov. Any member of the public wishing to attend or seeking additional information should contact Mr. Campbell or Mr. Ronald Sagudan at (202) 461–6191 or by fax at (202) 273–7092. Dated: September 22, 2011. By Direction of the Secretary. Vivian Drake, Acting Committee Management Officer. [FR Doc. 2011–24774 Filed 9–26–11; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59771-59772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24699]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35387]


Ag Processing Inc A Cooperative--Petition for Declaratory Order; 
Institute Proceeding and Hold Oral Argument

    In response to a petition filed by Ag Processing Inc A Cooperative 
(Ag Processing) regarding the reasonableness of a Norfolk Southern 
Railway Company (NSR) tariff, the Surface Transportation Board is 
instituting a declaratory order proceeding under 49 U.S.C. 721 and 5 
U.S.C. 554(e). The Board also will hold oral argument to address issues 
in this proceeding on Tuesday, October 25, 2011, at 9:30 a.m., in the 
hearing room at the Board's headquarters located at 395 E Street, SW., 
Washington, DC. The oral argument will be open for public observation, 
but only counsel for the parties will be permitted to present argument.
    On July 20, 2010, Ag Processing filed a petition for declaratory 
order challenging the reasonableness of an NSR tariff insofar as it 
imposes charges and penalties on loaded rail cars that exceed the car's 
weight limit as a result of weather conditions encountered after the 
car is delivered to the railroad. The petition was amended to add other 
shippers \1\ and to continue the challenge after NSR revised the 
tariff. At Petitioners' request, the Board ordered the parties to 
mediate the dispute, but mediation was unsuccessful, and NSR filed a 
motion to dismiss the petition on January 27, 2011, along with 
confidential materials subject to a protective order. The Petitioners 
filed their reply on March 8, 2011.
---------------------------------------------------------------------------

    \1\ The amended petition added Bunge North America, Inc., Archer 
Daniels Midland Company, Louis Dreyfus Corporation, and Perdue 
Agribusiness, Inc. as petitioners (collectively, Petitioners).
---------------------------------------------------------------------------

    The Board does not anticipate the need for additional evidentiary 
filings in this proceeding. The Board is setting this case for oral 
argument on the issues raised in this case. The parties should be 
prepared to discuss: (1) Industry practice relating to cars made 
overweight by snow or ice; (2) how frequently closed-hopper cars and 
tank cars are made overweight by snow and ice and how those cars have 
been brought into compliance in the past; (3) what NSR's overweight 
policies were prior to adopting the procedures in question; and (4) 
whether the agency's treatment of demurrage--which also involves issues 
of due diligence and equipment usage--is a useful model to employ here. 
The Petitioners and NSR will each have 20 minutes of argument time. The 
Petitioners may reserve part of their time for rebuttal if they so 
choose.
    By October 18, 2011, each party shall submit to the Board the name 
of the counsel who will be presenting its argument. The Petitioners, in 
their filing, shall also address the requested time reserved for 
rebuttal, if any. Parties should prepare a short oral statement and be 
prepared to answer questions from the Board. The purpose of oral 
argument is to provide an opportunity for questions that the Board may 
have regarding any issue in the proceeding.
    Counsel for the parties shall check in with Board staff in the 
hearing room prior to the argument.
    A video broadcast of the oral argument will be available via the 
Board's website at https://www.stb.dot.gov, under ``Information 
Center''/``Webcast''/``Live Video'' on the home page.

Instructions for Attendance at Hearing

    The STB requests that all persons attending the hearing use the 
Patriots Plaza Building's main entrance at 395 E Street, SW. (closest 
to the northeast corner of the intersection of 4th and E Streets). 
There will be no reserved seating, except for those scheduled to 
present oral arguments. The building will be open to the public at 7 
a.m., and participants are encouraged to arrive early. There is no 
public parking in the building.
    Upon arrival, check in at the 1st floor security desk in the main 
lobby. Be prepared to produce valid photographic identification 
(driver's license or local, state, or Federal government 
identification); sign-in at the security desk; receive a hearing room 
pass (to be displayed at all times); submit to an inspection of all 
briefcases, handbags, etc.; then pass through a metal detector. Persons 
choosing to exit the building during the course of the hearing must 
surrender their hearing room passes to security personnel and will be 
subject to the above security procedures if they choose to re-enter the 
building. Hearing room passes likewise will be collected from those 
exiting the hearing upon its conclusion.
    Laptops and recorders may be used in the hearing room, but no 
provision will be made for connecting personal computers to the 
Internet. Cellular telephone use is not permitted in the hearing room; 
cell phones may be used quietly in the corridor surrounding the hearing 
room or in the building's main lobby.
    The Board's hearing room complies with the Americans with 
Disabilities

[[Page 59772]]

Act, and persons needing such accommodations should call (202) 245-
0245, by the close of business on October 18, 2011.
    For further information regarding the oral argument, contact Amy 
Ziehm, (202) 245-0391. Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at (800) 877-8339.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. A declaratory order proceeding under 5 U.S.C. 554 and 49 U.S.C. 
721 is instituted.
    2. Oral argument in this proceeding will be held on Tuesday, 
October 25, 2011, at 9:30 a.m., in the Surface Transportation Board 
Hearing Room, at 395 E Street, SW., Washington, DC, as described above.
    3. By October 18, 2011, the participants shall submit to the Board 
the names of the counsel who will be presenting argument and the name 
of the party counsel will be representing. The Petitioners shall also 
address the requested time reserved for rebuttal, if any.
    4. This decision is effective on the date of service.

    Decided: September 21, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-24699 Filed 9-26-11; 8:45 am]
BILLING CODE 4915-01-P

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