Surface Transportation Board May 2006 – Federal Register Recent Federal Regulation Documents

In the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law No. 109-59, Sec. 4215, 119 Stat. 1144 (2005), Congress directed the Surface Transportation Board (Board) to review the current Federal regulations regarding the level of liability protection provided by motor carriers that provide transportation of household goods (HHG) and revise the regulations, if necessary, to provide enhanced protection in the case of loss or damage. The Board seeks public comment on the issue.

In response to a petition filed by the Arkansas Midland Railroad Company, Inc. (AKMD), the Board is instituting a declaratory order proceeding under 49 U.S.C. 721 and 5 U.S.C. 554(e) to determine if the right of first refusal provided in 49 U.S.C. 10907(h), to repurchase a line sold under the Feeder Line Development Program, applies when a transfer of control of a feeder line operator occurs by stock sale. Responses to the petition have been filed by Caddo Valley Railroad Company (CVR); Bean Lumber Company and Curt Bean Lumber Company (Bean Companies); GS Roofing Products Company, Inc. (GS) and CertainTeed Corporation (CertainTeed); and Pioneer Railcorp (Pioneer) (jointly, Respondents). International Paper Company (IP) also has submitted a response. The Board seeks public comment on this issue.

The Board grants an exemption, under 49 U.S.C. 10502, from the prior approval requirements of 49 U.S.C. 11323 for Gregg Haug, an individual, to continue in control of three Class III rail carriers: Northern Plains Railroad, Inc. (NPR), Mohall Railroad, Inc. (MRI), and Mohall Central Railroad, Inc. (MHC). Each of the foregoing corporations owns or operates rail lines located in whole or in major part within the State of North Dakota.