Surface Transportation Board June 2008 – Federal Register Recent Federal Regulation Documents
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Norfolk Southern Railway Company, Pan Am Railways, Inc., et al.-Joint Control and Operating/Pooling Agreements-Pan Am Southern, LLC
The Surface Transportation Board (Board) is accepting for consideration the primary application and related filings, filed on May 30, 2008, by Norfolk Southern Railway Company (Norfolk Southern), Pan Am Railways, Inc. (PARI) (a noncarrier railroad holding company), and two of PARI's rail carrier subsidiaries, Boston and Maine Corporation (B&M) and Springfield Terminal Railway Company (Springfield Terminal) (collectively, Applicants). The primary application seeks Board approval under 49 U.S.C. 11322 and 11323 of (1) the acquisition by Norfolk Southern and B&M of joint control and ownership of Pan Am Southern, LLC (PAS), a new rail carrier to be formed; and (2) the agreements by which Springfield Terminal would operate the lines of PAS and establish rates for PAS. The agreements for which approval and authorization are being sought by the application and the related filings will be referred to collectively as the Transaction.
Common Carrier Obligation of Railroads-Transportation of Hazardous Materials
The Surface Transportation Board (Board) hereby gives notice of the rescheduling of its hearing regarding the common carrier obligation of railroads with respect to the transportation of hazardous materials.
Waybill Sample
The Board is proposing to require all carriers that submit carload-waybill-sample information (Waybill Sample) under 49 CFR part 1244 to report fuel surcharge revenue in a separate waybill field created by the Board for that purpose, commencing with the Waybill Sample filed for January 2009. The Board will revise the waybill-file- record layout to reflect this change.
Regulations Governing Fees for Services Performed in Connection With Licensing Related Services-2008 Update
This document contains corrections to the preamble of the Board's Final Rules, which was published in the Federal Register of Wednesday, June 18, 2008 (73 FR 34649). The Final Rules adopted the 2008 User Fee Update and revised the fee schedule to reflect increased costs associated with the January 2008 Government salary increases, and the Board's overhead costs, and to reflect changes in Government fringe benefits. After the rules were published, an inadvertent error involving the effective dates of the rules was noticed. The effective dates of these final rules are July 18, 2008, rather than June 18, 2008.
Quarterly Rail Cost Adjustment Factor
The Board has approved the third quarter 2008 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The third quarter 2008 RCAF (Unadjusted) is 1.147. The third quarter 2008 RCAF (Adjusted) is 0.527. The third quarter 2008 RCAF-5 is 0.500.
Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services-2008 Update
The Board adopts its 2008 User Fee Update and revises its fee schedule to reflect increased costs associated with the January 2008 Government salary increases and the Board's overhead costs, and to reflect changes in Government fringe benefits.
Notice and Request for Comments
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to request from the Office of Management and Budget (OMB) approval without change of an existing information collection. This information collection is described in detail below. Comments are requested concerning (1) The accuracy of the Board's burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate; and (4) whether this collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board's request for OMB approval.
Common Carrier Obligation of Railroads-Transportation of Hazardous Materials
The Surface Transportation Board will hold a public hearing beginning at 9 a.m. on Wednesday, July 16, 2008, at its headquarters in Washington, DC. The purpose of the public hearing will be to examine issues related to the common carrier obligation of railroads with respect to the transportation of hazardous materials. Persons wishing to speak at the hearing should notify the Board in writing.
Notice of National Grain Car Council Meeting
Notice is hereby given of a meeting of the National Grain Car Council (NGCC), pursuant to section 10(a)(2) of the Federal Advisory Committee Act, Pub. L. No. 92-463, as amended (5 U.S.C., App. 2).
Southwest Gulf Railroad Company-Construction and Operation Exemption-in Medina County, TX
The Section of Environmental Analysis (SEA) issued the Final EIS in the above-captioned proceeding on May 30, 2008, and published a notice of availability of the Final EIS in the Federal Register on the same day. It has come to our attention that a statement on page 2 of the notice of availability is incorrect. Therefore, we will strike this language: Parties who wish to file an administrative appeal of the Board's final decision may do so in writing within 30 days from the publication of the notice of the FEIS. * * * [T]he deadline for filing administrative appeals will be July 7, 2008. And replace it with: Parties who wish to file an administrative appeal of the Board's final decision may do so in writing within 20 days of the service date of the Board's final decision. Please correct your copies accordingly.
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