[Federal Register Volume 67, Number 12 (Thursday, January 17, 2002)]
[Notices]
[Pages 2509-2510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1122]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. 42052]


Union Pacific Railroad Company--Petition for Declaratory Order--
Unilaterally Imposed Interchange Charges

AGENCY: Surface Transportation Board Department of Transportation.

ACTION: Request for Notices of Intent to Participate.

-----------------------------------------------------------------------

SUMMARY: The Surface Transportation Board (Board) requests that those 
intending to participate in this phase of this proceeding, in which 
interested parties will meet to discuss ways to facilitate the 
interchange of railroad cars, notify the agency and the Association of 
American Railroads (AAR) of their intent. The Board is also suspending 
the procedural schedule established in the prior order (served on 
December 10, 2001).

DATES: We request that those intending to participate notify the Board 
and AAR by January 28, 2002. We will issue a further order after the 
notices of intent to participate have been filed, establishing dates by 
which the first meeting should be conducted and by which AAR should 
file a progress report.

ADDRESSES: An original and one copy of each party's notice of intent, 
referring to STB Docket No. 42052, should be sent to: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423-0001, ATTN: STB Docket No. 42052. 
Two copies should also be sent to Association of American Railroads, 50 
F Street, NW., Washington, DC 20001.

FOR FURTHER INFORMATION CONTACT: At the Board, Beryl Gordon, (202) 565-
1600. [TDD for the hearing impaired: 1-800-877-8339.] At AAR, John 
Carroll, (202) 639-2373.

SUPPLEMENTARY INFORMATION: This proceeding was instituted by the Board 
in response to a request for a declaratory order concerning ways in 
which rail carriers deal with interchange delays. However, because 
issues regarding interchange delays are often addressed under the 
framework of the industry-wide Car Service and Car Hire Agreement (CS/
CH Agreement) and Code of Car Service Rules/Code of Car Hire Rules (CS/
CH Rules) administered by the AAR, by notice served and published 
December 10, 2001 (66 FR 63741), the Board concluded that the issues 
raised could be better addressed in private sector discussions and that 
the CS/CH Rules must be considered as part of any private sector 
resolution of the matter that had been brought before the Board. The 
agency therefore requested that, before a proceeding is moved forward 
administratively, AAR convene a meeting or series of meetings with 
railroads, shippers, and other involved parties to discuss ways to 
address issues concerning delays in the interchange of railroad cars 
between railroads, and to develop proposals for addressing incidences 
of traffic delays associated with such interchange. The Board further 
requested that AAR file a report describing the progress made at the 
meeting(s) and recommending how best to proceed to resolve these 
issues.
    On December 21, 2001, we received a letter from AAR's General 
Counsel requesting that we take certain actions to facilitate moving 
the process forward in the private sector. First, noting that AAR has 
not been a party to the agency proceeding and that it has not yet been 
informed of all who may be interested in the matter or what any party's 
position may be, the letter suggests that we issue a Federal Register 
notice asking interested parties to file notices of intent to 
participate. To facilitate the conduct of the meeting(s), all parties 
should file notices of intent to participate, which should provide the 
name, address, official title, and operational experience of the person 
who will participate on behalf of the party, along with a brief (not 
more than one page) summary of the party's position and preliminary 
recommendations.
    Given the interest that we expressed in our prior order for a 
practical solution based on good faith cooperation among all railroads, 
AAR's letter further suggests that we encourage participation by 
persons with expertise in rail operations/interchange issues, rather 
than by the party's counsel. We agree that the discussions we 
envisioned in our prior order would focus on operational cooperation 
rather than legal issues, and that the meeting(s) can be most fruitful 
if operational solutions are pursued. Thus, we strongly encourage 
participation by individuals with operational backgrounds.
    AAR's letter also suggests that, given the current uncertainty as 
to the scope of the problem or the number of parties

[[Page 2510]]

wishing to participate, the Board consider extending the time for 
holding the meeting beyond February 8, 2002. We agree. We will suspend 
the current procedural schedule, and adopt a new schedule after notices 
of intent to participate are filed.
    Finally, AAR's letter expresses concern over potential antitrust 
exposure in the event that any proposals relating to the interchange 
issues under consideration could involve collective discussion of 
prices, rates, or tariffs. We do not want to prejudge or limit the type 
of permissible dialogue in a way that could undercut resolution of the 
matters at issue, but our purpose in asking the parties to attempt to 
resolve this matter in the private sector has been to make the 
interchange process work better, not to provide a forum for parties to 
collectively discuss specific rates for specific situations. Thus, in 
our view, if discussion of rate matters takes place, it should be of a 
general nature. Such general conversations--particularly given that 
they would be undertaken pursuant to our request--would not in our view 
subject the participants to antitrust exposure. And as long as any such 
conversations that may implicate rates are kept to a general nature, 
they should not undercut what we hope could be a favorable outcome 
here, which is the development of a framework in which parties can 
conduct bilateral negotiations to work out interchange issues of the 
sort that precipitated this proceeding. If at any point it becomes 
evident that antitrust issues are a concern, we will be available to 
address the situation.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. Interested parties shall file notices of intent to participate, 
as described above, by January 28, 2002.
    2. The procedural schedule established in our prior order is held 
in abeyance pending further order.
    3. This decision is effective on January 17, 2002.

    Decided: January 9, 2002.

    By the Board, Chairman Morgan and Vice Chairman Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 02-1122 Filed 1-16-02; 8:45 am]
BILLING CODE 4195-00-P