[Federal Register Volume 73, Number 50 (Thursday, March 13, 2008)]
[Proposed Rules]
[Page 13523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5058]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X

[STB Ex Parte No. 676]


Rail Transportation Contracts Under 49 U.S.C. 10709

AGENCY: Surface Transportation Board, DOT.

ACTION: Advance Notice of Proposed Rulemaking.

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SUMMARY: The Surface Transportation Board seeks public comments on a 
proposal to require railroads to include a disclosure statement in any 
document that they consider to be a rail transportation contract under 
49 U.S.C. 10709.

DATES: Comments are due by May 12, 2008.

ADDRESSES: Comments may be submitted either via the Board's e-filing 
format or in the traditional paper format. Any person using e-filing 
should attach a document and comply with the instructions at the E-
FILING link on the Board's Web site, at: http://www.stb.dot.gov. Any 
person submitting a filing in the traditional paper format should send 
an original and 10 copies to: Surface Transportation Board, Attn: STB 
Ex Parte No. 676, 395 E Street, SW., Washington, DC 20423-0001.
    Copies of written comments will be available from the Board's 
contractor, ASAP Document Solutions (Mailing Address: Suite 103, 9332 
Annapolis Rd., Lanham, MD 20706; e-mail address: [email protected]; 
telephone number: 202-306-4004). The comments will also be available 
for viewing and self-copying in the Board's Public Docket Room, Room 
131, and will be posted to the Board's Web site at: http://www.stb.dot.gov.

FOR FURTHER INFORMATION CONTACT: Timothy J. Strafford at 202-245-0356. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: In recent proceedings, the Board has noted 
that there is often no clear distinction between regulated common 
carrier rates and unregulated rail transportation contracts. See, e.g., 
Kansas City Power & Light Company v. Union Pacific Railroad Company, 
STB Docket No. 42095 (STB served July 27, 2006); Interpretation of the 
Term ``Contract'' in 49 U.S.C. 10709, STB Ex Parte No. 669 (STB served 
Mar. 29, 2007). The Board has instituted this rulemaking proceeding to 
consider imposing a requirement that each rail carrier provide a full 
disclosure statement when it seeks to enter into a rail transportation 
contract under 49 U.S.C. 10709. The statement would explicitly advise 
the shipper that the carrier intends the document to be a rail 
transportation contract, and that any transportation under the document 
would not be subject to regulation by the Board. Moreover, it would 
advise the shipper that it has a statutory right to request a common 
carriage rate that the carrier would then have to supply promptly, and 
such a rate might be open to challenge before the Board. The proposal 
would also require that, before entering into a rail transportation 
contract, the carrier provide the shipper an opportunity to sign a 
written informed consent statement in which the shipper acknowledges, 
and states its willingness to forgo, its regulatory options. Interested 
persons are invited to comment on the proposal and the Board welcomes 
suggestions as to what language should be included in this full 
disclosure/informed consent requirement.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Authority: 49 U.S.C. 721, 49 U.S.C. 10709.

    Decided: March 6, 2008.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-5058 Filed 3-12-08; 8:45 am]
BILLING CODE 4915-01-P