Surface Transportation Board – Federal Register Recent Federal Regulation Documents
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Notice of Final Action Under Paperwork Reduction Act
Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (PRA) and Office of Management and Budget (OMB) regulations at 5 CFR 1320.10, the Surface Transportation Board has obtained an extension of OMB's approval for the information collection, required under 49 CFR 1114.30(d), 1121.3(d), 1150.33(h), 1150.43(h), and 1180.4(g)(4), of certain agreements that contains rail interchange commitments (OMB Control Number 2140-0016). Unless renewed, OMB approval expires on August 31, 2014. The display of a currently valid OMB control number for this collection is required by law. Under the PRA and 5 CFR 1320.8, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number.
National Express Acquisition Corporation-Control-Petermann Partners, Inc.
National Express Acquisition Corporation (NEAC) and National Express Corporation (NEC), both noncarriers, have filed an application under 49 U.S.C. 14303 for NEAC's acquisition of control of Petermann Partners, Inc. (PPI), a noncarrier, and the passenger motor carriers PPI controls: Beck Bus Transportation Corp. (MC-143528); Petermann Northeast, LLC (MC-723926); Petermann Northwest, LLC (MC-638608); Petermann Southwest, LLC (MC-644996); Petermann STSA, LLC (which has filed for registration in FMCSA Docket No. MC-749360); MV Student Transportation, Inc. (MC-148934); Carrier Management, Inc. (no MC number); and Petermann Ltd. (MC-364668) (collectively, Petermann Carriers). The Board has tentatively approved and authorized the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow the rules under 49 CFR 1182.5 and 1182.8.
DesertXpress Enterprises, LLC and DesertXpress HSR Corporation-Construction and Operation Exemption-in Victorville, CA and Las Vegas, NV
The Board grants an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 for DesertXpress Enterprises, LLC and its subsidiary (DXE) to build and operate a 190- mile rail line between Victorville, Cal. and Las Vegas, Nev., in order to provide high-speed passenger rail service. This exemption is subject to environmental mitigation conditions and the condition that DXE build the route designated as environmentally preferable.
Notice of Railroad-Shipper Transportation Advisory Council Vacancy
The Board hereby gives notice of 7 vacancies on RSTAC for: (1) Representatives of 3 small shippers; (2) representatives of 2 Class I railroads; (3) a representative of a large shipper; and (4) a representative of a Class II or III railroad. The Board is soliciting suggestions for candidates to fill these vacancies.
Reporting Requirements for Positive Train Control Expenses and Investments
The Board proposes to amend its rules to require rail carriers that submit to the Board ``R-1'' reports that identify information on capital and operating expenditures for Positive Train Control (PTC) to break out those expenses so that they can be viewed both as component parts of and separately from other capital investments and expenses. PTC is an automated system designed to prevent train-to-train collisions and other accidents. Rail carriers with traffic routes that carry passengers and/or hazardous toxic-by-inhalation (TIH) or poisonous-by-inhalation (PIH) materials, as so designated under federal law, must implement PTC pursuant to federal legislation. We propose to adopt supplemental schedules to the R-1 to require financial disclosure with respect to PTC to help inform the Board and the public about the specific costs attributable to PTC implementation.
Reducing Regulatory Burden; Retrospective Review Under E.O. 13563
In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' and Executive Order 13579, ``Regulation and Independent Regulatory Agencies,'' the Surface Transportation Board is undertaking review of its existing regulations to evaluate their continued validity and determine whether they are crafted effectively to solve current problems facing shippers and railroads. As part of this review, the Board seeks public comments on whether any of its regulations may be outmoded, ineffective, insufficient, or excessively burdensome, and how to modify, streamline, expand, or repeal them, as appropriate.
American Chemistry Council, The Chlorine Institute, Inc., the Fertilizer Institute, and PPG Industries, Inc. v. Alabama Gulf Coast Railway and RailAmerica, Inc.; CF Industries, Inc. v. Indiana & Ohio Railway, the Point Comfort and Northern Railway, and the Michigan Shore Railroad-Petition for Declaratory Order
In response to a petition filed by CF Industries, Inc. (CF) on May 17, 2011, the Board is instituting a declaratory order proceeding under 49 U.S.C. 721 and 5 U.S.C. 554(e). CF requests that the Board declare invalid and unenforceable certain tariffs addressing the movement of Toxic-by-Inhalation Hazardous materials and Poison-by- Inhalation Hazardous materials (TIH/PIH) issued by 3 subsidiaries of RailAmerica, Inc. (RailAmerica): The Indiana & Ohio Railway Company, the Point Comfort and Northern Railway Company and the Michigan Shore Railroad, Inc. (collectively, the RailAmerica railroads). This proceeding will also develop the record with respect to a complaint filed by another shipper and several trade associations in Docket No. NOR 42129, which raises similar issues regarding the handling of TIH/ PIH by another RailAmerica subsidiary.\1\ The Board seeks public comment on the issues raised in both cases.
Western Coal Traffic League-Petition for Declaratory Order
The Board is initiating a declaratory order proceeding to address the effect of the price that Berkshire Hathaway, Inc., paid to acquire BNSF Railway Company (BNSF) in 2010 on the Board's annual BNSF Uniform Railroad Costing System (URCS) and revenue adequacy determinations.
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 for revision of a currently approved information collection. The revision is due solely to the reduced number of estimated yearly respondents. 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, where 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.
The New Brunswick Railway Company-Continuance in Control Exemption-Maine Northern Railway Company; Maine Northern Railway Company-Trackage Rights Exemption-Montreal, Maine & Atlantic Railway, Ltd.; Maine Northern Railway Company-Trackage Rights Exemption-Montreal, Maine & Atlantic Railway, Ltd.; Maine Northern Railway Company-Modified Rail Certificate-in Aroostook and Penobscot Counties, ME
The Board grants an exemption under 49 U.S.C. 10502, from the prior approval requirements of 49 U.S.C. 11323-25, for Eastern Maine Railway, a Class III rail common carrier to continue in control of Maine Northern Railway Company.
Quarterly Rail Cost Adjustment Factor
The Board has approved the fourth quarter 2011 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The fourth quarter 2011 RCAF (Unadjusted) is 1.208. The fourth quarter 2011 RCAF (Adjusted) is 0.533. The fourth quarter 2011 RCAF-5 is 0.506. The Board noted an error in the third quarter 2011 Materials and Supplies Index, which will be accounted for using the first quarter 2012 forecast error calculation.
Renewal of National Grain Car Council
In accordance with the Federal Advisory Committee Act, as amended 5 U.S.C., App. (FACA), notice is hereby given that the Surface Transportation Board intends to renew the charter of the National Grain Car Council (NGCC).
Renewal of Rail Energy Transportation Advisory Committee
In accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C., App. (FACA), notice is hereby given that the Surface Transportation Board (Board) intends to renew the charter of the Rail Energy Transportation Advisory Committee (RETAC).
Notice of Rail Energy Transportation Advisory Committee Meeting
Notice is hereby given of a meeting of the Rail Energy Transportation Advisory Committee (RETAC), pursuant to section 10(a)(2) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C., App. 2).
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, Public Law 92-463, as amended (5 U.S.C., App. 2).
Senior Executive Service Performance Review Board
The Surface Transportation Board (STB) publishes the names of the Persons selected to serve on its Senior Executive Service Performance Review Board (PRB).
Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services-2011 Update
The Board adopts its 2011 User-Fee Update and revises its fee schedule to reflect a combination of increased and decreased costs, resulting from a freeze on wage and salary increases in 2011, coupled with changes to the Board's overhead & publication costs.
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