Application of the National Railroad Passenger Corporation Under 49 U.S.C. 24308(e)-CSX Transportation, Inc., and Norfolk Southern Railway Company, 6644-6646 [2022-02416]
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6644
Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State, L/
PD, 2200 C Street NW (SA–5), Suite
5H03, Washington, DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 12047 of
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, Delegation
of Authority No. 236–3 of August 28,
2000, and Delegation of Authority No.
523 of December 22, 2021.
Stacy E. White,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2022–02336 Filed 2–3–22; 8:45 am]
BILLING CODE 4710–05–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36576]
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Fortress Investment Group LLC—
Exemption for Intra-Corporate Family
Transaction—Ohio River Partners
Shareholder LLC, Katahdin Railcar
Services, LLC, Union Railroad
Company, Gary Railway Company,
Delray Connecting Railroad Company,
Texas & Northern Railroad Company,
and Lake Terminal Railroad Company
Fortress Investment Group LLC
(Fortress), for the benefit of Fortress
Transportation and Infrastructure
Investors LLC (FTAI) and FTAI
Infrastructure Inc. (FTAI
Infrastructure),1 (collectively, the
Parties), has filed a verified notice of
exemption for an intra-corporate family
transaction under 49 CFR 1180.2(d)(3),
which exempts from the prior approval
requirements of 49 U.S.C. 11323
‘‘[t]ransactions within a corporate
family that do not result in adverse
changes in service levels, significant
operational changes, or a change in the
competitive balance with carriers
outside the corporate family.’’ 49 CFR
1180.2(d)(3).
According to the verified notice, FTAI
indirectly owns controlling interests in
seven common carrier railroads: Ohio
River Partners Shareholder LLC (ORPS);
Katahdin Railcar Services LLC (KRS);
1 The verified notice states that FTAI
Infrastructure is a newly created subsidiary of FTAI,
which is a Delaware limited liability company
managed by an affiliate of Fortress.
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Union Railroad Company (URR); Gary
Railway Company (GRW); Delray
Connecting Railroad Company (DCR);
Texas & Northern Railroad Company
(TNR); and Lake Terminal Railroad
Company (LTR).2 The verified notice
states that ORPS is a non-operating
carrier,3 and that the remaining
railroads are each Class III carriers.4
Under the proposed transaction, FTAI
will engage in an intra-corporate
reorganization that will result in FTAI
Infrastructure’s control of ORPS, KRS,
URR, GRW, DCR, TNR, and LTR. The
verified notice states that the purpose of
the transaction is to separate FTAI’s
aviation-related assets and liabilities
from its railroad and energy
infrastructure businesses. According to
the verified notice, an affiliate of
Fortress will continue managing FTAI
Infrastructure and, indirectly, the seven
railroads. Fortress states that the
proposed transaction does not impose or
involve an interchange commitment by
or affecting the railroads, and that it will
have no impact on the day-to-day
operations of the seven railroads.
Unless stayed, the exemption will be
effective on February 20, 2022 (30 days
after the verified notice was filed).
Fortress states that the Parties intend to
consummate the proposed transaction
as soon as practicable after that date and
final approval of the proposed
transaction by FTAI’s board of
directors.5
The verified notice states that the
transaction will not result in adverse
changes in service levels, operational
changes, or a change in the competitive
balance with carriers outside the
corporate family. Therefore, the
transaction is exempt from the prior
2 The verified notice states that FTAI owns 100%
of the equity interests of Transtar, LLC, which owns
and controls URR, GRW, DCR, TNR, and LTR. See
Fortress Inv. Grp. LLC—Acquis. & Continuance in
Control Exemption—Ohio River Partners S’holder
LLC, FD 36521 (STB served June 30, 2021).
3 The verified notice states that ORPS owns a
12.2-mile freight rail line between milepost 60.5
near Powhatan Point, Ohio, and milepost 72.2 near
Hannibal, Ohio (the Omal Line). KRS has assumed
the right and common carrier obligation to operate
the Omal Line. Katahdin Railcar Servs. LLC—
Change in Operators Exemption—Ohio Terminal
Ry., FD 36487 (STB served Mar. 30, 2021); see also
Fortress Inv. Grp. LLC—Exemption for Intra-Corp.
Fam. Transaction—Ohio River Partners S’holder
LLC, FD 36402 (STB served May 15, 2020).
4 According to the verified notice, the operating
revenues of URR and GRW exceed the dollar
threshold for Class II carrier status, but URR and
GRW are designated as Class III carriers because
they are switching and terminal carriers. See 49
CFR 1201.1–1(d).
5 The verified notice states that the proposed
transaction will be authorized by FTAI’s board of
directors pursuant to a written resolution in
substantially the form attached to the verified
notice as Exhibit 2.
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approval requirements of 49 U.S.C.
11323. See 49 CFR 1180.2(d)(3).
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. However, 49 U.S.C. 11326(c)
does not provide for labor protection for
transactions under 49 U.S.C. 11324 and
11325 that involve only Class III rail
carriers. Accordingly, the Board may not
impose labor protective conditions here
because all the carriers involved are
Class III rail carriers.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than February 11, 2022
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36576, should be filed with the
Surface Transportation Board via efiling on the Board’s website. In
addition, one copy of each pleading
must be served on Fortress’s
representative, Terence M. Hynes,
Sidley Austin LLP, 1501 K Street NW,
Washington, DC 20005.
According to Fortress, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and historic reporting under
49 CFR 1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: January 31, 2022.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2022–02360 Filed 2–3–22; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36496]
Application of the National Railroad
Passenger Corporation Under 49
U.S.C. 24308(e)—CSX Transportation,
Inc., and Norfolk Southern Railway
Company
Surface Transportation Board.
Notice of public hearing.
AGENCY:
ACTION:
The Surface Transportation
Board (Board) will hold a public hearing
in this docket, consisting of two phases.
The first phase, which will involve
comments from the public, will
commence on February 15, 2022, and
SUMMARY:
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Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices
will continue on February 16, 2022, if
necessary. The second phase will be an
evidentiary hearing commencing on
March 9, 2022, and will be limited to
the four parties to this case—the
National Railroad Passenger Corporation
(Amtrak), CSX Transportation, Inc.
(CSXT), Norfolk Southern Railway
Company (NSR), and the Alabama State
Port Authority and its rail carrier
division, the Terminal Railway Alabama
State Docks (collectively, the Port; and
with Amtrak, CSXT, and NSR, the
‘‘Parties’’). Immediately following the
first phase, the Board will hold a
conference with the Parties on February
16, 2022, to discuss issues related to the
second phase.
DATES: The public hearing will
commence on February 15, 2022, at 9:30
a.m., and will continue on February 16,
2022, if necessary. Notices of intent to
participate shall be filed (and
participants’ email addresses separately
provided to the Board via email) by
February 7, 2022. The pre-evidentiary
hearing conference with the Parties will
be held on February 16, 2022,
commencing at 9:30 a.m. or at the
conclusion of the first phase of the
hearing, whichever is later. At the
conclusion of the pre-evidentiary
hearing conference, the Board will
recess the public hearing until March 9,
2022. Phase two, the evidentiary hearing
on the record with the Parties, will be
held beginning on March 9, 2022, at
9:30 a.m., and continuing on March 10,
2022, if necessary.
ADDRESSES: All filings, referring to
Docket No. FD 36496, should be filed
with the Surface Transportation Board
via e-filing on the Board’s website.
Persons who file notices of intent to
participate in the first phase of the
public hearing shall concurrently
provide to the Board, via email at
Hearings@stb.gov, their email address.
FOR FURTHER INFORMATION CONTACT:
Jonathon Binet at (202) 245–0368.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION: On March
16, 2021, Amtrak filed an application
with the Board, pursuant to 49 U.S.C.
24308(e), seeking an order requiring
CSXT and NSR 1 to allow Amtrak to
operate additional intercity passenger
trains, consisting of two round-trips per
day, over the rail lines of CSXT and
NSR between New Orleans, La., and
Mobile, Ala. The Board received
numerous comments in response to
1 Although Amtrak names Norfolk Southern
Corporation in its application, it appears that NSR
is the proper party. (See Mot. to Dismiss 1 n.1.)
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Amtrak’s application. By decision
served August 6, 2021, the Board,
among other things, denied CSXT and
NSR’s motion to dismiss the
application, adopted a procedural
schedule, and appointed Administrative
Law Judge Thomas McCarthy to handle
all discovery matters and resolve
initially all discovery disputes.
In accordance with the procedural
schedule, on November 3, 2021, CSXT
and NSR filed opening evidence. On
December 3, 2021, Amtrak filed reply
evidence. On December 23, 2021, CSXT
and NSR filed rebuttal evidence. The
Board also received opening evidence,
reply evidence, and rebuttal evidence
from the Port, which the Board has
permitted to intervene in this
proceeding. On December 30, 2021, the
Board received proposals on the format
for the hearing from CSXT and NSR
jointly and from Amtrak.
The initial phase of the hearing will
commence on February 15, 2022. The
primary purpose of this phase of the
hearing is for interested persons, other
than the four Parties to the case, to
provide comments.2 The hearing will
continue on February 16, 2022, as
necessary to accommodate participating
persons. This initial phase of the
hearing will be entirely virtual. It will
be held online via Zoom and will be
available for concurrent viewing on
YouTube by the public. All interested
persons are invited to appear at this
phase of the public hearing. Any person
wishing to participate in this phase of
the public hearing shall file with the
Board by February 7, 2022, a notice of
intent to participate (identifying the
entity, if any, the person represents; the
proposed speaker; the amount of time
requested; and briefly summarizing the
key points that the speaker intends to
address). The notices of intent to
participate need not be served on any
persons or entities; they will be posted
to the Board’s website when they are
filed. Concurrently with filing a notice
of intent to participate, persons wishing
to participate in the public commentary
phase of the hearing shall also provide
to the Board, via email at Hearings@
stb.gov, their email address.
The Board will issue, prior to
commencement of the February 15
public hearing, a decision setting a
schedule of appearances for speakers,
with specific allotments of time for
presentations. To ensure an opportunity
for all interested persons to be heard,
2 The Board recognizes that this proceeding is an
adjudication to be decided after a hearing on the
record pursuant to 49 U.S.C. 24308(e), but given the
broad public interest in Amtrak matters, the Board
is also providing this opportunity for public
comments.
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6645
such allotments may be limited, and
persons wishing to speak at the hearing
should be prepared to keep their
comments as succinct as possible, to
ensure an opportunity for all interested
persons to be heard. The Parties will be
given an opportunity to respond after
other interested persons have provided
comments.
As noted, on February 16, 2022,
beginning at 9:30 a.m. or immediately
following the conclusion of the public
commentary phase of the hearing,
whichever is later, the Board will also
hold a conference, at which counsel for
the Parties are directed to appear. The
conference will be entirely virtual. It
will be held online via Zoom and will
be available for concurrent viewing on
YouTube by the public. During the
conference, the Board and the Parties
will discuss issues and procedures to be
followed at the evidentiary hearing on
the record. The Board encourages the
Parties to meet and confer in advance of
the conference, in an effort to narrow
the issues to be heard at the hearing on
the record and to stipulate to any facts
that are not contested. Before the
conference, the Board will issue a
decision with additional information for
the Parties, including what they will
need to prepare in advance of the
conference and further details on the
evidentiary phase of the hearing,
including whether it will be held
online, in-person, or in a hybrid format.
At the conclusion of the conference, the
Board will recess the public hearing
until commencement of the evidentiary
phase at 9:30 a.m. on March 9, 2022.
On March 9, 2022, the Board will
commence the evidentiary portion of
the hearing, at which the Parties are
directed to appear, and which will be
open to the public. The evidentiary
portion will involve participation by the
Parties only and will be presided over
by the entire Board. The Board will
accept all of the previously filed
evidence into the record. The
evidentiary portion of the hearing is not
intended as an opportunity for the
Parties simply to restate the entirety of
their written evidence or, on the other
hand, to submit a substantially different
case. Rather, the evidentiary portion of
the hearing is intended to allow the
Parties to illuminate their primary
contentions, evidence, and points of
disagreement through direct
examination of witnesses, crossexamination, and re-direct examination,
as appropriate, and through opening
and closing presentations by counsel.
Board Releases and Transcript
Availability: Decisions and notices of
the Board, including this notice, are
available on the Board’s website at
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Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices
www.stb.gov. A recording of the public
commentary phase of the hearing, the
conference, and the evidentiary phase of
the hearing, as well as a transcript of
each, will be posted on the Board’s
website when they become available.
It is ordered:
1. A public hearing in this proceeding
will commence on February 15, 2022.
All portions of the hearing taking place
on February 15, 2022, and February 16,
2022, will be held online using video
conferencing.
2. By February 7, 2022, any person
who is not one of the Parties identified
above and wishes to speak at the public
portion of the hearing shall file with the
Board a notice of intent to participate
identifying the entity, if any, the person
represents, the proposed speaker, and
the amount of time requested, and also
summarizing the key points that the
speaker intends to address. Also by
February 7, 2022, such persons shall
submit, via email at Hearings@stb.gov,
the email address of the speaker.
3. Notices of intent to participate will
be posted to the Board’s website and
need not be served on any other persons
or entities.
4. Counsel for Amtrak, CSXT, NSR,
and the Port are directed to appear at a
conference before the Board on February
16, 2022, at 9:30 a.m., or immediately
following the conclusion of the public
commentary phase of the hearing,
whichever is later.
5. Amtrak, CSXT, NSR, and the Port
are directed to appear at the evidentiary
phase of the hearing before the Board
beginning on March 9, 2022, at 9:30 a.m.
6. All evidence previously filed in
this proceeding is accepted into the
record.
7. This decision is effective on its
service date.
8. This decision will be published in
the Federal Register.
Decided: February 1, 2022.
By the Board, Board Members Fuchs,
Hedlund, Oberman, Primus, and Schultz.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022–02416 Filed 2–3–22; 8:45 am]
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BILLING CODE 4915–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2021–1086]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: Aviation
Maintenance Technician Schools;
Correction
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice; correction.
AGENCY:
The FAA published a
document in the Federal Register of
November 23, 2021, concerning request
for comments about the FAA’s intention
to request the Office of Management and
Budget (OMB) approval to renew an
information collection, in accordance
with the Paperwork Reduction Act of
1995. The document was published
with an incorrect docket number.
FOR FURTHER INFORMATION CONTACT:
Tanya Glines by email at: Tanya.glines@
faa.gov; phone: 202–380–5896.
SUPPLEMENTARY INFORMATION:
Correction: In the Federal Register of
November 23, 2021, FR Doc. 2021–
25472, on page 66615, in the third
column, correct the docket number to
read:
SUMMARY:
[Docket No. FAA–2021–1086]
Issued in Washington, DC, on February 1,
2022.
Tanya A. Glines,
Aviation Safety Inspector, FAA Safety
Standards, Aircraft Maintenance Division.
[FR Doc. 2022–02356 Filed 2–3–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2018–0107 Notice 2]
Weldon, Denial of Petition for Decision
of Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition.
AGENCY:
Weldon, a Division of Akron
Brass Company, has determined that
certain backup lamps do not fully
comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 108,
Lamps, Reflective Devices, and
Associated Equipment. Weldon filed a
noncompliance report dated November
7, 2018, and subsequently petitioned
SUMMARY:
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NHTSA on November 30, 2018, for a
decision that the subject noncompliance
is inconsequential as it relates to motor
vehicle safety. This notice announces
the denial of Weldon’s petition.
FOR FURTHER INFORMATION CONTACT:
Leroy Angeles, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
(202) 366–5304, Leroy.Angeles@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
Weldon has determined that certain
backup lamps it manufactures do not
fully comply with paragraph S14.4.1 of
FMVSS No. 108, Lamps, Reflective
Devices, and Associated Equipment (49
CFR 571.108). Weldon filed a
noncompliance report dated November
7, 2018, pursuant to 49 CFR part 556,
Defect and Noncompliance
Responsibility and Reports, and
subsequently petitioned NHTSA on
November 30, 2018, for an exemption
from the notification and remedy
requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is
inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C.
30118(d) and 30120(h) and 49 CFR part
556, Exemption for Inconsequential
Defect or Noncompliance.
Notice of receipt of Weldon’s petition
was published with a 30-day public
comment period, on July 15, 2020, in
the Federal Register (85 FR 42977). No
comments were received. To view the
petition and all supporting documents,
log onto the Federal Docket
Management System (FDMS) website at
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2018–
0107.’’
II. Equipment Involved
Approximately 6,315 rear
combination lamps manufactured
between June 6, 2018, and June 25,
2018, are potentially involved.
III. Noncompliance
Weldon explains that its subject rear
combination lamp is noncompliant
because its backup lamp does not meet
the requirements for color as specified
in paragraph S14.4.1 of FMVSS No. 108.
Specifically, the subject backup lamp,
when tested in accordance with the
Tristimulus Method, fell outside the
required boundaries for white light.
IV. Rule Requirements
Paragraphs S14.4.1, S14.4.1.4.2, and
S14.4.1.4.2.3, of FMVSS No. 108
includes the requirements relevant to
this petition. The color of a sample
device must comply when tested by
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]]>Agencies
[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6644-6646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02416]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36496]
Application of the National Railroad Passenger Corporation Under
49 U.S.C. 24308(e)--CSX Transportation, Inc., and Norfolk Southern
Railway Company
AGENCY: Surface Transportation Board.
ACTION: Notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board (Board) will hold a public
hearing in this docket, consisting of two phases. The first phase,
which will involve comments from the public, will commence on February
15, 2022, and
[[Page 6645]]
will continue on February 16, 2022, if necessary. The second phase will
be an evidentiary hearing commencing on March 9, 2022, and will be
limited to the four parties to this case--the National Railroad
Passenger Corporation (Amtrak), CSX Transportation, Inc. (CSXT),
Norfolk Southern Railway Company (NSR), and the Alabama State Port
Authority and its rail carrier division, the Terminal Railway Alabama
State Docks (collectively, the Port; and with Amtrak, CSXT, and NSR,
the ``Parties''). Immediately following the first phase, the Board will
hold a conference with the Parties on February 16, 2022, to discuss
issues related to the second phase.
DATES: The public hearing will commence on February 15, 2022, at 9:30
a.m., and will continue on February 16, 2022, if necessary. Notices of
intent to participate shall be filed (and participants' email addresses
separately provided to the Board via email) by February 7, 2022. The
pre-evidentiary hearing conference with the Parties will be held on
February 16, 2022, commencing at 9:30 a.m. or at the conclusion of the
first phase of the hearing, whichever is later. At the conclusion of
the pre-evidentiary hearing conference, the Board will recess the
public hearing until March 9, 2022. Phase two, the evidentiary hearing
on the record with the Parties, will be held beginning on March 9,
2022, at 9:30 a.m., and continuing on March 10, 2022, if necessary.
ADDRESSES: All filings, referring to Docket No. FD 36496, should be
filed with the Surface Transportation Board via e-filing on the Board's
website. Persons who file notices of intent to participate in the first
phase of the public hearing shall concurrently provide to the Board,
via email at [email protected], their email address.
FOR FURTHER INFORMATION CONTACT: Jonathon Binet at (202) 245-0368.
Assistance for the hearing impaired is available through the Federal
Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: On March 16, 2021, Amtrak filed an
application with the Board, pursuant to 49 U.S.C. 24308(e), seeking an
order requiring CSXT and NSR \1\ to allow Amtrak to operate additional
intercity passenger trains, consisting of two round-trips per day, over
the rail lines of CSXT and NSR between New Orleans, La., and Mobile,
Ala. The Board received numerous comments in response to Amtrak's
application. By decision served August 6, 2021, the Board, among other
things, denied CSXT and NSR's motion to dismiss the application,
adopted a procedural schedule, and appointed Administrative Law Judge
Thomas McCarthy to handle all discovery matters and resolve initially
all discovery disputes.
---------------------------------------------------------------------------
\1\ Although Amtrak names Norfolk Southern Corporation in its
application, it appears that NSR is the proper party. (See Mot. to
Dismiss 1 n.1.)
---------------------------------------------------------------------------
In accordance with the procedural schedule, on November 3, 2021,
CSXT and NSR filed opening evidence. On December 3, 2021, Amtrak filed
reply evidence. On December 23, 2021, CSXT and NSR filed rebuttal
evidence. The Board also received opening evidence, reply evidence, and
rebuttal evidence from the Port, which the Board has permitted to
intervene in this proceeding. On December 30, 2021, the Board received
proposals on the format for the hearing from CSXT and NSR jointly and
from Amtrak.
The initial phase of the hearing will commence on February 15,
2022. The primary purpose of this phase of the hearing is for
interested persons, other than the four Parties to the case, to provide
comments.\2\ The hearing will continue on February 16, 2022, as
necessary to accommodate participating persons. This initial phase of
the hearing will be entirely virtual. It will be held online via Zoom
and will be available for concurrent viewing on YouTube by the public.
All interested persons are invited to appear at this phase of the
public hearing. Any person wishing to participate in this phase of the
public hearing shall file with the Board by February 7, 2022, a notice
of intent to participate (identifying the entity, if any, the person
represents; the proposed speaker; the amount of time requested; and
briefly summarizing the key points that the speaker intends to
address). The notices of intent to participate need not be served on
any persons or entities; they will be posted to the Board's website
when they are filed. Concurrently with filing a notice of intent to
participate, persons wishing to participate in the public commentary
phase of the hearing shall also provide to the Board, via email at
[email protected], their email address.
---------------------------------------------------------------------------
\2\ The Board recognizes that this proceeding is an adjudication
to be decided after a hearing on the record pursuant to 49 U.S.C.
24308(e), but given the broad public interest in Amtrak matters, the
Board is also providing this opportunity for public comments.
---------------------------------------------------------------------------
The Board will issue, prior to commencement of the February 15
public hearing, a decision setting a schedule of appearances for
speakers, with specific allotments of time for presentations. To ensure
an opportunity for all interested persons to be heard, such allotments
may be limited, and persons wishing to speak at the hearing should be
prepared to keep their comments as succinct as possible, to ensure an
opportunity for all interested persons to be heard. The Parties will be
given an opportunity to respond after other interested persons have
provided comments.
As noted, on February 16, 2022, beginning at 9:30 a.m. or
immediately following the conclusion of the public commentary phase of
the hearing, whichever is later, the Board will also hold a conference,
at which counsel for the Parties are directed to appear. The conference
will be entirely virtual. It will be held online via Zoom and will be
available for concurrent viewing on YouTube by the public. During the
conference, the Board and the Parties will discuss issues and
procedures to be followed at the evidentiary hearing on the record. The
Board encourages the Parties to meet and confer in advance of the
conference, in an effort to narrow the issues to be heard at the
hearing on the record and to stipulate to any facts that are not
contested. Before the conference, the Board will issue a decision with
additional information for the Parties, including what they will need
to prepare in advance of the conference and further details on the
evidentiary phase of the hearing, including whether it will be held
online, in-person, or in a hybrid format. At the conclusion of the
conference, the Board will recess the public hearing until commencement
of the evidentiary phase at 9:30 a.m. on March 9, 2022.
On March 9, 2022, the Board will commence the evidentiary portion
of the hearing, at which the Parties are directed to appear, and which
will be open to the public. The evidentiary portion will involve
participation by the Parties only and will be presided over by the
entire Board. The Board will accept all of the previously filed
evidence into the record. The evidentiary portion of the hearing is not
intended as an opportunity for the Parties simply to restate the
entirety of their written evidence or, on the other hand, to submit a
substantially different case. Rather, the evidentiary portion of the
hearing is intended to allow the Parties to illuminate their primary
contentions, evidence, and points of disagreement through direct
examination of witnesses, cross-examination, and re-direct examination,
as appropriate, and through opening and closing presentations by
counsel.
Board Releases and Transcript Availability: Decisions and notices
of the Board, including this notice, are available on the Board's
website at
[[Page 6646]]
www.stb.gov. A recording of the public commentary phase of the hearing,
the conference, and the evidentiary phase of the hearing, as well as a
transcript of each, will be posted on the Board's website when they
become available.
It is ordered:
1. A public hearing in this proceeding will commence on February
15, 2022. All portions of the hearing taking place on February 15,
2022, and February 16, 2022, will be held online using video
conferencing.
2. By February 7, 2022, any person who is not one of the Parties
identified above and wishes to speak at the public portion of the
hearing shall file with the Board a notice of intent to participate
identifying the entity, if any, the person represents, the proposed
speaker, and the amount of time requested, and also summarizing the key
points that the speaker intends to address. Also by February 7, 2022,
such persons shall submit, via email at [email protected], the email
address of the speaker.
3. Notices of intent to participate will be posted to the Board's
website and need not be served on any other persons or entities.
4. Counsel for Amtrak, CSXT, NSR, and the Port are directed to
appear at a conference before the Board on February 16, 2022, at 9:30
a.m., or immediately following the conclusion of the public commentary
phase of the hearing, whichever is later.
5. Amtrak, CSXT, NSR, and the Port are directed to appear at the
evidentiary phase of the hearing before the Board beginning on March 9,
2022, at 9:30 a.m.
6. All evidence previously filed in this proceeding is accepted
into the record.
7. This decision is effective on its service date.
8. This decision will be published in the Federal Register.
Decided: February 1, 2022.
By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and
Schultz.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-02416 Filed 2-3-22; 8:45 am]
BILLING CODE 4915-01-P
