Surface Transportation Board – Federal Register Recent Federal Regulation Documents
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San Luis & Rio Grande Railroad-Petition for a Declaratory Order
Staff members of the Surface Transportation Board will hold a public meeting concerning the declaratory order proceeding in the above-titled docket. The purpose of the meeting is to allow interested persons to comment on the issues raised in the proceeding. Date/Location: The public meeting will take place on Thursday, February 17, 2011, beginning at 10 a.m. (local time), in Our Lady of Guadalupe Parish Hall, 6631 County Road 13, Conejos, Colorado 81129.
Tongue River Railroad Company, Inc.-Construction and Operation-Western Alignment
The Surface Transportation Board's (Board's) Office of Environmental Analysis (OEA) (formerly the Section of Environmental Analysis or SEA) prepared a Programmatic Agreement (PA) as the final step in the Section 106 process under the National Historic Preservation Act for Tongue River Railroad Company's (TRRC) application to construct and operate a rail line in southeastern Montana. A final decision authorizing TRRC's construction and operation was issued in October, 2007. The PA was prepared in consultation with the Section 106 signatory and concurring parties and was executed in November, 2005. The PA expired on November 1, 2010, after an initial term of five years. An Amendment to the PA has been executed by all signatory parties extending the existing PA through September 1, 2011, to allow time to update and revise it. The revision would take into consideration the designation of the Wolf Mountain Battlefield as a National Historic Landmark on October 26, 2008. Several Federally recognized Tribes have notified the Board of their interest in being included in the consultation process. The Tribes are concerned about impacts related to the rail line construction and operation on Wolf Mountain Battlefield. The alignment approved by the Board in its October 2007 decision runs through the eastern portion of that site. OEA has recently invited the United States Department of the Interior (National Historic Landmarks Program) and additional Tribes that may have an interest in the project area to participate in the PA consultation process. With this notice, we now invite any other interested parties to participate in the PA consultation process. The updated PA must be executed by September 1, 2011. OEA proposes the following timeline:
Released Rates of Motor Common Carriers of Household Goods
The Surface Transportation Board seeks written public comments and evidence on the average per-pound replacement value for household goods that are lost or damaged while in the care of a moving company.
Competition in the Railroad Industry
The Surface Transportation Board will receive comments and hold a public hearing to explore the current state of competition in the railroad industry and possible policy alternatives to facilitate more competition, where appropriate. The Board is seeking written comments prior to the hearing addressing the legal, factual, and policy matters described below.
City of Temple, Tex.-Acquisition Exemption-Georgetown Railroad Company
On December 15, 2010, the City of Temple, Tex. (Temple), a noncarrier, filed a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10901 to acquire from the Georgetown Railroad Company (Georgetown) an approximately 6.277-mile line of railroad, between milepost 0.0, near Belton, and milepost 6.277, at Smith, in Bell County, Tex. (the line), and the trackage rights granted to Georgetown to operate over the line.\1\ In a related transaction, Temple & Central Texas Railway, Inc. (TCTR), a Class III carrier, filed a verified notice of exemption under 49 CFR 1150.41 to operate over the line. That notice was served and published in the Federal Register on December 10, 2010 (75 FR 77,044). Temple & Central Tex. Ry.Operation ExemptionCity of Temple, Tex., FD 35447 (STB served Dec. 10, 2010). The Board seeks comments from interested persons on Temple's request to acquire the line.
Amtrak Emergency Routing Orders
The Surface Transportation Board (Board or STB) proposes to establish regulations governing the issuance of emergency routing orders upon application of the National Railroad Passenger Corporation (Amtrak). Pursuant to 49 U.S.C. 24308(b), the Board has statutory authority to require rail carriers to provide facilities immediately when necessary for the movement of Amtrak trains when Amtrak cannot operate its trains via normal routings due to rail line closures or other emergencies.
CSX Transportation, Inc.-Abandonment Exemption-in Allegany County, Md.
Under 49 U.S.C. 10502, the Board is granting a petition for exemption from the requirements of 49 U.S.C. 10904(f)(4)(A) to permit Eighteen Thirty Group, LLC (Eighteen Thirty) to go forward with its plan to acquire and restore to service an 8.54-mile line of railroad between milepost BAI 27.0 near Morrison and milepost BAI 18.46 at the end of the track near Carlos, in Allegany County, Md. (the Line). Eighteen Thirty is seeking to acquire the Line as a result of the bankruptcy of James Riffin through an agreement with Mark J. Friedman, Chapter 7 Trustee of the Bankruptcy Estate of James Riffin. Because the line previously was acquired from CSX Transportation, Inc. (CSXT) pursuant to the Board's offer of financial assistance provisions at 49 U.S.C. 10904 and 49 CFR 1152.27, section 10904(f)(4)(A) otherwise would prohibit the transfer of the Line to any entity other than CSXT until July 10, 2011.
Notice and Request for Comments
As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) has submitted a request to the Office of Management and Budget (OMB) for an extension of approval for the collection of the Waybill Sample. The Board previously published a notice about this collection in the Federal Register on June 29, 2010, at 75 FR 37,522. That notice allowed for a 60-day public review and comment period. No comments were received. The Waybill Sample collection is described in detail below. Comments may now be submitted to OMB 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.
Quarterly Rail Cost Adjustment Factor
The Board has approved the first quarter 2011 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The first quarter 2011 RCAF (Unadjusted) is 1.093. The first quarter 2011 RCAF (Adjusted) is 0.488. The first quarter 2011 RCAF-5 is 0.462.
Notice and Request for Comments
As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) an extension of approval for the currently approved collection of rail contracts that contain interchange commitments. Such contracts are submitted in operation and acquisition exemption proceedings, in accordance with the Board's regulations governing the disclosure of rail interchange commitments. See 49 CFR 1121.3(d); 1150.33 (h); 1150.43(h); 1180.4(g)(4). This information collection is described in more 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.
Demurrage Liability
Through this Advance Notice of Proposed Rulemaking (ANPR), the Board is instituting a proceeding regarding demurrage, i.e., charges for holding rail cars. The agency's intent is to adopt a rule or policy statement addressing when parties should be responsible for demurrage in light of current commercial practices followed by rail carriers, shippers, and receivers.
National Express Corporation-Control Exemption-Vogel Bus Company, Inc.
National Express Corporation (NEC), a noncarrier, seeks an exemption, under 49 U.S.C. 13541, from the prior approval requirements of 49 U.S.C. 14303(a)(5) and 49 CFR 1182 to acquire control of Vogel Bus Company, Inc. (Vogel), a motor passenger carrier. Expedited action has been requested.
Notice of Railroad-Shipper Transportation Advisory Council Vacancies
The Board hereby gives notice of 2 vacancies on RSTAC for: (1) A representative of a Class I railroad; and (2) a representative of a small shipper. The Board is soliciting suggestions for candidates to fill these vacancies.
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