Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors, 62601 [2012-25350]
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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Notices
Issued in Washington, DC, on October 5,
2012.
Ray LaHood,
Secretary.
[FR Doc. 2012–25261 Filed 10–12–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Sunshine Act Meetings; Unified Carrier
Registration Plan Board of Directors
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Unified Carrier
Registration Plan Board of Directors
Meeting.
AGENCY:
The meeting will be held
on October 25, 2012, from 12:00 noon to
3:00 p.m., Eastern Standard Time.
PLACE: This meeting will be open to the
public via conference call. Any
interested person may call 1–877–820–
7831, passcode, 908048 to listen and
participate in this meeting.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: The Unified
Carrier Registration Plan Board of
Directors (the Board) will continue its
work in developing and implementing
the Unified Carrier Registration Plan
and Agreement and to that end, may
consider matters properly before the
Board.
TIME AND DATE:
Mr.
Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at
(505) 827–4565.
FOR FURTHER INFORMATION CONTACT:
Issued on: September 21, 2012.
Larry W. Minor,
Associate Administrator, Office of Policy,
Federal Motor Carrier Safety Administration.
[FR Doc. 2012–25350 Filed 10–11–12; 11:15 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket Nos. NOR 38302S and NOR 38376S]
United States Department of Energy
and United States Department of
Defense v. Baltimore & Ohio Railroad
Company, et al. and Aberdeen &
Rockfish Railroad Company, et al.
erowe on DSK2VPTVN1PROD with
AGENCY:
Surface Transportation Board,
DOT.
Notice of Proposed Settlement
Agreement, Issuance of Procedural
Schedule.
ACTION:
VerDate Mar<15>2010
20:13 Oct 12, 2012
Jkt 229001
On September 4, 2012, United
States Department of Energy and the
United States Department of Defense
(the Government) and BNSF Railway
Company (BNSF) (collectively
Movants), filed a motion requesting
approval of an agreement that would
settle these rate reasonableness disputes
as between them only. The Board is
adopting a procedural schedule for
filing comments and replies addressing
their proposed settlement agreement.
(As detailed below, these proceedings
involve disputes among a number of
different entities, including other
railroad carriers besides BNSF. This
settlement applies only to the parties
submitting the instant agreement and
does not resolve these proceedings in
their entirety.)
DATES: Comments are due by November
29, 2012. Reply comments are due by
December 31, 2012.
ADDRESSES: Comments and replies may
be submitted either via the Board’s efiling format or in the traditional paper
format. Any person using e-filing should
attach a document and otherwise
comply with the instructions at the EFILING 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: Docket No. NOR 38302S, et
al., 395 E Street SW., Washington, DC
20423–0001. Copies of written
comments and replies will be available
for viewing and self-copying at the
Board’s Public Docket Room, Room 131,
and will be posted to the Board’s Web
site. In addition, send one copy of
comments to each of the following: (1)
Stephen C. Skubel, Room 6H087, U.S.
Department of Energy, 1000
Independence Ave. SW., Washington,
DC 20585; (2) Terrance A. Spann, U.S.
Department of Defense, 9275 Gunston
Road, Suite 1300, Fort Belvoir, VA
22060; and (3) Jill K. Mulligan, BNSF
Railway Company, 2500 Lou Menk
Drive, AOB–3, Fort Worth, TX 76131.
FOR FURTHER INFORMATION CONTACT:
Marc Lerner, (202) 245–0390.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at: 1–
800–877–8339.]
SUPPLEMENTARY INFORMATION: In March
1981, the Government filed these
complaints against 21 major railroads
(the Railroad Defendants) under section
229 of the Staggers Rail Act of 1980,
Public Law 96–448, 94 Stat. 1895. The
Government sought reparations and a
rate prescription relating to the
nationwide movement of spent nuclear
fuel, other high level radioactive wastes,
SUMMARY:
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
62601
and the empty containers (casks) and
buffer and escort cars used for their
movement (radioactive materials). In
1986, the Board’s predecessor, the
Interstate Commerce Commission (ICC),
found that the Railroad Defendants were
engaging in an unreasonable practice,
imposing substantial and unwarranted
cost additives—above and beyond the
regular train service rates—in an effort
to avoid transporting these radioactive
materials. The ICC canceled the existing
rates and cost additives, prescribed new
rates, and awarded reparations. See
Commonwealth Edison Co. v. Aberdeen
& Rockfish R.R., 2 I.C.C.2d 642 (1986).
The United States Court of Appeals for
the D.C. Circuit set aside and remanded
the decision. See Union Pacific R.R. v.
ICC, 867 F.2d 646 (D.C. Cir. 1989). On
remand, the ICC ruled that the
movement of these radioactive materials
for reprocessing was subject to the rate
cap on recyclables set out in former 49
U.S.C. 10731(e) and directed the parties
to file revenue-to-variable cost (R/VC)
evidence to resolve the remaining
reparations and rate prescription issues.
See United States Department of Energy
v. Baltimore & Ohio R.R., 10 I.C.C.2d
112 (1994). While judicial review was
pending, Congress enacted the ICC
Termination Act of 1995, Public Law
104–88, 109 Stat. 803, which repealed
§ 10731 in its entirety and directed that
all proceedings pending under the
repealed section be terminated.
The Railroad Defendants petitioned
the Board to dismiss the complaints in
1996, and, in 1997, they invited the
Government to explore the possibility of
settling the complaints. Discussions
commenced on a nationwide settlement
covering all of the Railroad Defendants
that might carry radioactive materials.
The Government subsequently chose to
negotiate only with Union Pacific
Railroad Company (UP), the destination
carrier for most of the movements of
radioactive materials that were to be
covered by the nationwide settlement,
after the parties concluded that there
were potential antitrust problems in
negotiating with the Railroad
Defendants as a group. On September
15, 2004, the Government and UP filed
a motion seeking approval under 49
U.S.C. 10704 of a settlement agreement
(the UP Agreement) they had negotiated
to resolve these complaints as between
them only. The Board, in a decision
served in these proceedings on August
2, 2005: (1) Approved the UP
Agreement; (2) dismissed UP as a party
to these proceedings; (3) relieved UP of
any obligation to participate in these or
related proceedings involving claims
against connecting railroad defendants
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[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Page 62601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25350]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
Sunshine Act Meetings; Unified Carrier Registration Plan Board of
Directors
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of Unified Carrier Registration Plan Board of Directors
Meeting.
-----------------------------------------------------------------------
Time and Date: The meeting will be held on October 25, 2012, from 12:00
noon to 3:00 p.m., Eastern Standard Time.
Place: This meeting will be open to the public via conference call. Any
interested person may call 1-877-820-7831, passcode, 908048 to listen
and participate in this meeting.
Status: Open to the public.
Matters to be Considered: The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board.
FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at (505) 827-4565.
Issued on: September 21, 2012.
Larry W. Minor,
Associate Administrator, Office of Policy, Federal Motor Carrier Safety
Administration.
[FR Doc. 2012-25350 Filed 10-11-12; 11:15 am]
BILLING CODE 4910-EX-P
