[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79976-79977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30911]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 683]


Passenger Rail Investment and Improvement Act of 2008

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of public hearing.

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SUMMARY: The Surface Transportation Board will hold a public hearing 
beginning at 10 a.m. on Wednesday, February 11, 2009, at its 
headquarters in Washington, DC. The purpose of the public hearing will 
be allow interested persons to comment on the Board's new 
responsibilities in the recently passed Passenger Rail Investment and 
Improvement Act of 2008 (Pub. L. 110-432), and thereby assist the Board 
in effectively implementing these important new provisions of law.

DATES: The public hearing will take place on Wednesday, February 11, 
2009. Any person wishing to speak at the hearing should file with the 
Board a written notice of intent to participate, and should identify 
the party, the proposed speaker, and the time requested, as soon as 
possible but no later than January 28, 2009. Each speaker should also 
file with the Board his/her written testimony in that same document. 
Written submissions by interested persons who do not wish to appear at 
the hearing will also be due by January 28, 2009.

ADDRESSES: All notices of intent to participate and testimony 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 
otherwise comply with the Board's http://www.stb.dot.gov Web site, at 
the ``E-FILING'' link. Any person submitting a filing in the 
traditional paper format should send an original and 10 copies of the 
filing to: Surface Transportation Board, Attn: STB Ex Parte No. 683, 
395 E Street, SW., Washington, DC 20423-0001.

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

SUPPLEMENTARY INFORMATION: On October 16, 2008, the Passenger Rail 
Investment and Improvement Act of 2008 became law. The Act enhances the 
Board's role with regard to the National Railroad Passenger Corporation 
(Amtrak) and commuter rail operators. The Board is holding this public 
hearing to allow interested persons to comment on the Board's new 
responsibilities and to advise the Board on how to effectively 
implement them. While interested persons may comment on any aspect of 
the Act as it pertains to the Board, the Board is particularly 
interested in the following areas.
    Section 207 instructs the Federal Railroad Administration and 
Amtrak, in consultation with the Board and others, to establish 
standards and metrics to measure the performance and service quality of 
intercity passenger trains. Section 213 amends 49 U.S.C. 24308 to

[[Page 79977]]

give the Board power to investigate, in certain circumstances, failures 
by Amtrak to meet on-time performance standards or service quality 
standards established pursuant to section 207. The Board ``may initiate 
an investigation, or upon the filing of a complaint by Amtrak, an 
intercity passenger rail operator, a host freight railroad over which 
Amtrak operates, or an entity for which Amtrak operates intercity 
passenger rail service, the Board shall initiate such an investigation, 
to determine whether and to what extent delays or failure to achieve 
minimum standards are due to causes that could reasonably be addressed 
by a rail carrier over whose tracks the intercity passenger train 
operates or reasonably addressed by Amtrak or other intercity passenger 
rail operators.'' 49 U.S.C. 24308(f)(1).
    If, after investigation, the Board determines that delays or 
failures to achieve minimum standards are attributable to a rail 
carrier's failure to provide preference to Amtrak over freight 
transportation, the Board may award damages against the host rail 
carrier, including prescribing such other relief to Amtrak as it 
determines to be reasonable. 49 U.S.C. 24308(f)(2). In awarding damages 
and prescribing other relief, the Board shall consider such factors as: 
(1) The extent to which Amtrak suffers financial loss as a result of 
host rail carrier delays or failure to achieve minimum standards; and 
(2) what reasonable measures would adequately deter future actions 
which may reasonably be expected to be likely to result in delays to 
Amtrak on the route involved. The Act instructs the Board, as it deems 
appropriate, to order the host rail carrier to remit the damages 
awarded to Amtrak or to an entity for which Amtrak operates intercity 
passenger rail service. Such damages shall be used for capital or 
operating expenditures on the routes over which delays or failures to 
achieve minimum standards were the result of a rail carrier's failure 
to provide preference to Amtrak over freight transportation. 49 U.S.C. 
24308(f)(3).
    Section 401 provides for confidential, non-binding mediation of 
certain access disputes between commuter rail providers and rail 
carriers subject to the Board's jurisdiction under chapter 105. Chapter 
285 is added to Part E of subtitle V of title 49. Disputes between rail 
carriers and public transportation authorities regarding track or 
rights-of-way usage may be brought to the Board for mediation in 
accordance with the mediation process for rail rate disputes at 49 CFR 
1109.4. 49 U.S.C. 28505 instructs the Board to issue rules and 
regulations as may be necessary to carry out chapter 285.
    Section 217 provides for access to Amtrak equipment and services by 
a State that desires to select or selects an entity other than Amtrak 
to provide services required for the operation of an intercity 
passenger train route described in 49 U.S.C. 24102(5)(D) or 24702. The 
State may make an agreement with Amtrak to use facilities and equipment 
of, or have services provided by, Amtrak. If the parties cannot agree 
upon terms, and the Board finds that access to Amtrak's facilities or 
equipment, or the provision of services by Amtrak, is necessary to 
carry out this provision and that the operation of Amtrak's other 
services will not be impaired thereby, the Board shall, within 120 days 
after submission of the dispute, issue an order that the facilities and 
equipment be made available, and that services be provided, by Amtrak, 
and shall determine reasonable compensation, liability, and other terms 
for use of the facilities and equipment and provision of the services. 
Compensation shall be determined, as appropriate, in accordance with 
the methodology established pursuant to section 209. Section 209 
directs Amtrak and the States to establish a methodology that allocates 
to each route the costs incurred only for the benefit of that route and 
a proportionate share, based upon factors that reasonably reflect 
relative use, of costs incurred for the common benefit of more than one 
route. If Amtrak and the States do not develop and implement the 
required methodology within 2 years from the date of enactment, Section 
209(c) requires the Board to determine and implement an appropriate 
methodology.
    Interested parties are invited to comment on these provisions of 
the Act, on the need for regulations or policy guidance to implement 
them, and what such regulations or guidance should entail. It is the 
Board's objective to effectively implement the new provisions of Public 
Law 110-432 that relate to the STB. Stakeholder input at this hearing 
will assist the Board in this important endeavor.
    Date of Hearing. The hearing will begin at 10:00 am on Wednesday, 
February 11, 2009, in the 1st floor hearing room at the Board's 
headquarters at 395 E Street, S.W., in Washington, DC, and will 
continue, with short breaks if necessary, until every person scheduled 
to speak has been heard.
    Notice of Intent To Participate. Any person wishing to speak at the 
hearing should file with the Board a written notice of intent to 
participate, and should identify the party, the proposed speaker, and 
the time requested, as soon as possible, but no later than January 28, 
2009.
    Testimony. Each speaker should file with the Board his/her written 
testimony with his/her notice of intent to participate (by January 28, 
2009). Also, any interested person who wishes to submit a written 
statement without appearing at the February 11 hearing should file that 
statement by January 28, 2009.
    Board Releases and Live Video Available Via the Internet. Decisions 
and notices of the Board, including this notice, are available on the 
Board's Web site at http://www.stb.dot.gov. This hearing will be 
available on the Board's Web site by live video streaming. To access 
the hearing, click on the ``Live Video'' link under ``Information 
Center'' at the left side of the home page beginning at 10 a.m. on 
February 11, 2009.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Dated: December 23, 2008.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E8-30911 Filed 12-29-08; 8:45 am]
BILLING CODE 4915-01-P