Notice of Railroad-Shipper Transportation Advisory Council Vacancies, 65639-65640 [2022-23628]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Notices remain unchanged by EMR’s acquisition of the Line. According to the verified notice, the parties executed an agreement on September 1, 2022, by which EMR will acquire the Line from CMQR. EMR certifies that the proposed acquisition and operation of the Line does not involve a provision or agreement that may limit future interchange with a third-party connecting carrier. EMR certifies that its projected annual revenues as a result of this transaction will not result in EMR’s becoming a Class II or Class I rail carrier, but that its annual revenues after the proposed transaction are expected to exceed $5 million. Pursuant to 49 CFR 1150.42(e), if a carrier’s projected annual revenues will exceed $5 million, it must, at least 60 days before this exemption is to become effective, post a notice of its intent to undertake the proposed transaction at the workplace of the employees on the affected lines, serve a copy of the notice on the national offices of the labor unions with employees on the affected lines, and certify to the Board that it has done so. Exhibit 4 to EMR’s verified notice provides the necessary certification. The transaction may be consummated on or after on or after November 5, 2022, the effective date of the exemption (30 days after the verified notice was filed). 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 October 28, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36641, should be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E St. SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on EMR’s representative, David E. Benz, Thompson Hine LLP, 1919 M Street NW, Suite 700, Washington, DC 20036. According to EMR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: October 25, 2022. VerDate Sep<11>2014 17:15 Oct 28, 2022 Jkt 259001 By the Board, Mai T. Dinh, Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2022–23611 Filed 10–28–22; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. EP 526 (Sub-No. 15)] Notice of Railroad-Shipper Transportation Advisory Council Vacancies Surface Transportation Board (Board). ACTION: Notice of vacancies on the Railroad-Shipper Transportation Advisory Council (RSTAC) and solicitation of nominations. AGENCY: The Board hereby gives notice of vacancies on RSTAC for one small railroad representative and one small shipper representative. The Board seeks nominations for candidates to fill these vacancies. DATES: Nominations are due on November 30, 2022. ADDRESSES: Nominations may be submitted via e-filing on the Board’s website at www.stb.gov. Submissions will be posted to the Board’s website under Docket No. EP 526 (Sub-No. 15). FOR FURTHER INFORMATION CONTACT: Gabriel Meyer at (202) 245–0150. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: The Board, created in 1996 to take over many of the functions previously performed by the Interstate Commerce Commission, exercises broad authority over transportation by rail carriers, including regulation of railroad rates and service (49 U.S.C. 10701–47, 11101–24), the construction, acquisition, operation, and abandonment of rail lines (49 U.S.C. 10901–07), as well as railroad line sales, consolidations, mergers, and common control arrangements (49 U.S.C. 10902, 11323–27). The ICC Termination Act of 1995 (ICCTA), enacted on December 29, 1995, established RSTAC to advise the Board’s Chair; the Secretary of Transportation; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives with respect to rail transportation policy issues RSTAC considers significant. RSTAC focuses on issues of importance to small shippers and small railroads, including car SUMMARY: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 65639 supply, rates, competition, and procedures for addressing claims. ICCTA instructs RSTAC to endeavor to develop private-sector mechanisms to prevent, or identify and address, obstacles to the most effective and efficient transportation system practicable. The members of RSTAC also prepare an annual report concerning RSTAC’s activities. RSTAC is not subject to the Federal Advisory Committee Act. RSTAC’s 15 appointed members consist of representatives of small and large shippers, and small and large railroads. These members are appointed by the Chair. In addition, members of the Board and the Secretary of Transportation serve as ex officio members. Of the 15 appointed members, nine are voting members and are appointed from senior executive officers of organizations engaged in the railroad and rail shipping industries. At least four of the voting members must be representatives of small shippers as determined by the Chair, and at least four of the voting members must be representatives of Class II or III railroads. The remaining six members to be appointed—three representing Class I railroads and three representing large shipper organizations—serve in a nonvoting, advisory capacity, but may participate in RSTAC deliberations. Meetings of RSTAC are required by statute to be held at least semi-annually. RSTAC typically holds meetings quarterly at the Board’s headquarters in Washington, DC, although some meetings are held virtually or in other locations. The members of RSTAC receive no compensation for their services and are required to provide for the expenses incidental to their service, including travel expenses. Currently, RSTAC members have elected to submit annual dues to pay for RSTAC expenses. RSTAC members must be citizens of the United States and represent as broadly as practicable the various segments of the railroad and rail shipper industries. They may not be full-time employees of the United States. According to revised guidance issued by the Office of Management and Budget, it is permissible for federally registered lobbyists to serve on advisory committees, such as RSTAC, as long as they do so in a representative capacity, rather than an individual capacity. See Revised Guidance on Appointment of Lobbyists to Fed. Advisory Comms., Bds., & Comm’ns, 79 FR 47,482 (Aug. 13, 2014). Members of RSTAC are appointed to serve in a representative capacity. E:\FR\FM\31OCN1.SGM 31OCN1 65640 Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Notices Each RSTAC member is appointed for a term of three years. No member will be eligible to serve in excess of two consecutive terms. However, a member may serve after the expiration of his or her term until a successor has taken office. Due to the departure of a small shipper representative and the expiration of the second term of a small railroad representative, the Board is seeking to fill those two RSTAC positions. Nominations for candidates to fill the vacancies should be submitted in letter form, identifying the name of the candidate, providing a summary of why the candidate is qualified to serve on RSTAC, and containing a representation that the candidate is willing to serve as an RSTAC member effective immediately upon appointment. Candidates may nominate themselves. The Chair is committed to having a committee reflecting diverse communities and viewpoints and strongly encourages the nomination of candidates from diverse backgrounds. RSTAC candidate nominations should be filed with the Board by November 30, 2022. Members selected to serve on RSTAC are chosen at the discretion of the Board Chair. Please note that submissions will be posted on the Board’s website under Docket No. EP 526 (Sub-No. 15) and can also be obtained by contacting the Office of Public Assistance, Governmental Affairs, and Compliance at RCPA@ stb.gov or (202) 245–0238. Authority: 49 U.S.C. 1325. Decided: October 26, 2022. By the Board, Mai T. Dinh, Director, Office of Proceedings. Stefan Rice, Clearance Clerk. [FR Doc. 2022–23628 Filed 10–28–22; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 1327X] khammond on DSKJM1Z7X2PROD with NOTICES Flats Industrial Inc. d/b/a Flats Industrial Railroad Company— Abandonment Exemption—in Cleveland, Ohio 1 Persons Flats Industrial Inc. d/b/a Flats Industrial Railroad Company (FIR) has filed a verified notice of exemption under 49 CFR part 1152 subpart F— Exempt Abandonments to abandon approximately 1.85 miles of rail line, extending from milepost 10 to milepost 11.85 near West 41st Street in Cleveland, Ohio (the Line). The Line traverses U.S. Postal Service Zip Code 44113. VerDate Sep<11>2014 17:15 Oct 28, 2022 Jkt 259001 FIR has certified that: (1) during the past two years, FIR has provided no local or overhead traffic over the Line; (2) overhead traffic, if there were any, could be rerouted over other Lines; (3) no formal complaint filed by a user of rail service on the Line (or by state or local government on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board (Board) or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(b) and 1105.8(c) (notice of environmental and historic reports), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to government agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received,1 this exemption will be effective on November 30, 2022, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by November 10, 2022.3 Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 21, 2022. All pleadings, referring to Docket No. AB 1327X, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In interested in submitting an OFA must first file a formal expression of intent to file an offer, indicating the type of financial assistance they wish to provide (i.e., subsidy or purchase) and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(2)(i). 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 addition, a copy of each pleading must be served on FIR’s representative, William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. FIR has filed a combined environmental and historic report that addresses the potential effects, if any, of the abandonment on the environment and historic resources. OEA will issue a Draft Environmental Assessment (Draft EA) by November 4, 2022. The Draft EA will be available to interested persons on the Board’s website, by writing to OEA, or by calling OEA at (202) 245– 0294. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. Comments on environmental or historic preservation matters must be filed within 15 days after the Draft 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), FIR 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 FIR’s filing of a notice of consummation by October 31, 2023, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: October 26, 2022. By the Board, Mai T. Dinh, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2022–23655 Filed 10–28–22; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Rule on a Land Release Request at Malden Regional Airport & Industrial Park (MAW), Malden, MO Federal Aviation Administration (FAA), DOT. ACTION: Notice of request to release of airport land. AGENCY: The FAA proposes to rule and invites public comment on the request to release and sell two parcels, 2.69 acres and 5.13 acres respectively, of SUMMARY: E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Notices]
[Pages 65639-65640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23628]


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SURFACE TRANSPORTATION BOARD

[Docket No. EP 526 (Sub-No. 15)]


Notice of Railroad-Shipper Transportation Advisory Council 
Vacancies

AGENCY: Surface Transportation Board (Board).

ACTION: Notice of vacancies on the Railroad-Shipper Transportation 
Advisory Council (RSTAC) and solicitation of nominations.

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

SUMMARY: The Board hereby gives notice of vacancies on RSTAC for one 
small railroad representative and one small shipper representative. The 
Board seeks nominations for candidates to fill these vacancies.

DATES: Nominations are due on November 30, 2022.

ADDRESSES: Nominations may be submitted via e-filing on the Board's 
website at www.stb.gov. Submissions will be posted to the Board's 
website under Docket No. EP 526 (Sub-No. 15).

FOR FURTHER INFORMATION CONTACT: Gabriel Meyer at (202) 245-0150. 
Assistance for the hearing impaired is available through the Federal 
Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: The Board, created in 1996 to take over many 
of the functions previously performed by the Interstate Commerce 
Commission, exercises broad authority over transportation by rail 
carriers, including regulation of railroad rates and service (49 U.S.C. 
10701-47, 11101-24), the construction, acquisition, operation, and 
abandonment of rail lines (49 U.S.C. 10901-07), as well as railroad 
line sales, consolidations, mergers, and common control arrangements 
(49 U.S.C. 10902, 11323-27).
    The ICC Termination Act of 1995 (ICCTA), enacted on December 29, 
1995, established RSTAC to advise the Board's Chair; the Secretary of 
Transportation; the Committee on Commerce, Science, and Transportation 
of the Senate; and the Committee on Transportation and Infrastructure 
of the House of Representatives with respect to rail transportation 
policy issues RSTAC considers significant. RSTAC focuses on issues of 
importance to small shippers and small railroads, including car supply, 
rates, competition, and procedures for addressing claims. ICCTA 
instructs RSTAC to endeavor to develop private-sector mechanisms to 
prevent, or identify and address, obstacles to the most effective and 
efficient transportation system practicable. The members of RSTAC also 
prepare an annual report concerning RSTAC's activities. RSTAC is not 
subject to the Federal Advisory Committee Act.
    RSTAC's 15 appointed members consist of representatives of small 
and large shippers, and small and large railroads. These members are 
appointed by the Chair. In addition, members of the Board and the 
Secretary of Transportation serve as ex officio members. Of the 15 
appointed members, nine are voting members and are appointed from 
senior executive officers of organizations engaged in the railroad and 
rail shipping industries. At least four of the voting members must be 
representatives of small shippers as determined by the Chair, and at 
least four of the voting members must be representatives of Class II or 
III railroads. The remaining six members to be appointed--three 
representing Class I railroads and three representing large shipper 
organizations--serve in a nonvoting, advisory capacity, but may 
participate in RSTAC deliberations.
    Meetings of RSTAC are required by statute to be held at least semi-
annually. RSTAC typically holds meetings quarterly at the Board's 
headquarters in Washington, DC, although some meetings are held 
virtually or in other locations.
    The members of RSTAC receive no compensation for their services and 
are required to provide for the expenses incidental to their service, 
including travel expenses. Currently, RSTAC members have elected to 
submit annual dues to pay for RSTAC expenses.
    RSTAC members must be citizens of the United States and represent 
as broadly as practicable the various segments of the railroad and rail 
shipper industries. They may not be full-time employees of the United 
States. According to revised guidance issued by the Office of 
Management and Budget, it is permissible for federally registered 
lobbyists to serve on advisory committees, such as RSTAC, as long as 
they do so in a representative capacity, rather than an individual 
capacity. See Revised Guidance on Appointment of Lobbyists to Fed. 
Advisory Comms., Bds., & Comm'ns, 79 FR 47,482 (Aug. 13, 2014). Members 
of RSTAC are appointed to serve in a representative capacity.

[[Page 65640]]

    Each RSTAC member is appointed for a term of three years. No member 
will be eligible to serve in excess of two consecutive terms. However, 
a member may serve after the expiration of his or her term until a 
successor has taken office.
    Due to the departure of a small shipper representative and the 
expiration of the second term of a small railroad representative, the 
Board is seeking to fill those two RSTAC positions. Nominations for 
candidates to fill the vacancies should be submitted in letter form, 
identifying the name of the candidate, providing a summary of why the 
candidate is qualified to serve on RSTAC, and containing a 
representation that the candidate is willing to serve as an RSTAC 
member effective immediately upon appointment. Candidates may nominate 
themselves. The Chair is committed to having a committee reflecting 
diverse communities and viewpoints and strongly encourages the 
nomination of candidates from diverse backgrounds. RSTAC candidate 
nominations should be filed with the Board by November 30, 2022. 
Members selected to serve on RSTAC are chosen at the discretion of the 
Board Chair. Please note that submissions will be posted on the Board's 
website under Docket No. EP 526 (Sub-No. 15) and can also be obtained 
by contacting the Office of Public Assistance, Governmental Affairs, 
and Compliance at [email protected] or (202) 245-0238.
    Authority: 49 U.S.C. 1325.

     Decided: October 26, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2022-23628 Filed 10-28-22; 8:45 am]
BILLING CODE 4915-01-P
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