[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Notices]
[Pages 56378-56379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27825]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Finance Docket No. 27590 (Sub-No. 2)]


TTX Company, et al.--Application for Approval of the Pooling of 
Car Service With Respect to Flat Cars

AGENCY: Surface Transportation Board.

ACTION: Decision.

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SUMMARY: In 1994, the Interstate Commerce Commission (ICC), the 
predecessor to the Surface Transportation Board (Board), granted TTX 
Company (TTX) a 10-year extension of its authority to pool rail cars, 
subject to the ICC's continuing monitoring during the term of TTX's 
extension. In July 2001, the Board invited comments from interested 
parties on whether any of TTX's activities require oversight action by 
the Board. Because no comments were filed, the Board is taking no 
further action and is discontinuing its monitoring during the remainder 
of TTX's 10-year term.

EFFECTIVE DATE: This decision will be effective on its date of service.

FOR FURTHER INFORMATION CONTACT: Melvin F. Clemens, Jr., (202) 565-
1573. [TDD for the hearing impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: In 1989, after reviewing anticompetitive 
concerns by the United States Department of Justice and other parties, 
the ICC granted the request by TTX for an extension of its pooling 
authority, but for only a 5-year term.\1\ In its decision, the ICC also 
subjected TTX to a number of new operating restrictions and imposed a 
monitoring and annual reporting requirement on the pool. In 1994, prior 
to the expiration of the 5-year term, the ICC granted TTX a 10-year 
extension of its pooling authority, approved TTX's request for limited 
authority to assign rail cars, and continued monitoring by requiring 
the ICC's Office of Compliance and

[[Page 56379]]

Enforcement (OCE) to report on any operational concerns at the end of 
the third and seventh years of the 10-year term.\2\
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    \1\ This extension of pooling authority was approved in Trailer 
Train Co., Et Al.--Pooling--Car Service, 5 I.C.C.2d 552 (1989).
    \2\ See TTX Company, Et Al.--Application For Approval of the 
Pooling of Car Service With Respect to Flat Cars, Finance Docket No. 
27590 (Sub-No. 2) (ICC served Aug. 31, 1994).
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    Pursuant to the ICC Termination Act of 1995, Pub. L. No. 104-88, 
109 Stat. 803 (1995) (ICCTA), effective January 1, 1996, the ICC was 
abolished; a number of its functions were eliminated; and its remaining 
rail and certain non-rail functions were transferred to the Board, 
newly established under the ICCTA. Because authority over TTX's pooling 
arrangement has been transferred to the Board, it is responsible for 
monitoring TTX's activities. To carry out that responsibility, during 
the third year of TTX's 10-year extension of pooling authority, in 
March 1997, the Board requested comments on whether any of TTX's 
activities required action or particular oversight by the Board. 
Because no party filed comments expressing concerns about TTX's 
activities, the Board took no action at that time.\3\ During the 
seventh year of the extension, on July 31, 2001, the Board again 
requested comments on whether any action by the Board was necessary. 
Because again no comments were filed expressing any concerns about 
TTX's activities, the Board is taking no further action and is 
discontinuing further monitoring during the remainder of the 10-year 
extension of TTX's pooling authority.
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    \3\ See TTX Company, Et Al.--Application For Approval of the 
Pooling of Car Service With Respect to Flat Cars, Finance Docket No. 
27590 (Sub-No. 2) (STB served Aug. 7, 1997).
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Environment

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. Further action by the Board to monitor TTX's activities is not 
required. Monitoring during the remainder of the 10-year term of the 
pooling authority is discontinued.
    2. This decision is being served on all parties appearing on the 
service list in Finance Docket No. 27590 (Sub-No. 2).
    3. This decision is effective on the service date.

    Decided: October 31, 2001.

    By the Board, Chairman Morgan, Vice Chairman Clyburn, and 
Commissioner Burkes.
Vernon A. Williams,
 Secretary.
[FR Doc. 01-27825 Filed 11-6-01; 8:45 am]
BILLING CODE 4915-00-P