[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Pages 10991-10992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5456]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35219]


Union Pacific Railroad Company--Petition for Declaratory Order

AGENCY: Surface Transportation Board.

ACTION: Institution of declaratory order proceeding; request for 
comments.

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SUMMARY: In response to a petition filed by Union Pacific Railroad 
Company (UP) on February 18, 2009, the Board is instituting a 
declaratory order proceeding under 49 U.S.C. 721 and 5 U.S.C. 
554(e).\1\ UP requests that the Board determine the extent of the 
common carrier obligation to quote rates for new, lengthy movements of 
chlorine, a toxic inhalation hazard (TIH), where the transportation 
would require movement through High Threat Urban Areas (HTUAs) \2\ and 
other large communities to destinations where, according to UP, an 
ample supply of chlorine is available from nearby sources. The Board 
seeks public comment on this matter.
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    \1\ By a separate decision served on March 10, 2009, the Board 
issued a protective order in this proceeding.
    \2\ As UP refers to them, HTUAs are defined by the 
Transportation Security Administration (TSA) at 49 CFR 1580.3.

DATES: Replies to UP's petition and comments are due by March 31, 2009. 
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UP's rebuttal and reply to comments are due by April 20, 2009.

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 otherwise comply with the instructions at 
the E-FILING link on the Board's website, at http://www.stb.dot.gov. 
Any person submitting a filing in the traditional paper format should 
send an original and 10 copies, referring to STB Finance Docket No. 
35219, to: Surface Transportation Board, 395 E Street, SW., Washington, 
DC 20423-0001. In addition, send one copy of comments to UP's 
representative, Tonya W. Conley, Union Pacific Railroad Company, 1400 
Douglas Street, Omaha, NE 68179.
    Copies of written comments will be available for viewing and self-
copying at the Board's Public Docket Room, Room 131, and will be posted 
to the Board's Web site.

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

SUPPLEMENTARY INFORMATION: UP, as a rail common carrier, has an 
obligation under 49 U.S.C. 11101(b) to provide common carrier rates and 
other service terms upon reasonable request. UP's petition for 
declaratory order seeks to address a recent request from a customer for 
common carriage rates for the transportation of chlorine from Utah to 
destinations in or near Houston and Dallas, TX, and Allemania and 
Plaquemine, LA. These movements would average 1,900 miles in distance 
and travel through two HTUAs and several other large cities. UP 
declined to quote rates for these movements, pending the outcome of 
this proceeding, because, according to UP, the risk of potential 
exposure from long distance shipments of chlorine is unnecessary where 
all four of these destinations are located less than 300 miles from 
ample alternate chlorine supplies. UP asserts that the facilities in 
both Allemania and Plaquemine have alternate chlorine sources 
accessible by rail within 70 miles, none of which will route through 
any HTUAs, and that the facilities in Houston and Dallas have 
alternative chlorine sources within 300 miles, with potential sources 
located in the Houston metropolitan area. UP also asserts that other 
governmental agencies have

[[Page 10992]]

requested that it find ways to reduce TIH shipments in order to reduce 
TIH transportation risks.
    On July 22, 2008, the Board held a public hearing in STB Ex Parte 
677 (Sub-No. 1) to examine issues related to the common carrier 
obligation of railroads with respect to the transportation of hazardous 
materials. Comments were filed in that proceeding by the railroads 
(including UP) and TIH shippers. Many of the comments touched on the 
issues that are likely to arise in this proceeding. Thus, the parties 
that participated in STB Ex Parte 677 (Sub-No. 1) may have an interest 
in the issues raised in this proceeding.
    Under 5 U.S.C. 554(e), the Board has discretionary authority to 
issue a declaratory order to terminate a controversy or remove 
uncertainty. A declaratory order proceeding is thus instituted in this 
proceeding to invite broad public comment. Any person seeking to 
comment on UP's petition may submit written comments to the Board 
regarding the extent of UP's common carrier obligation to quote rates 
for new, lengthy movements of chlorine, where the transportation would 
require movement through HTUAs and other large communities to 
destinations where an ample supply of chlorine may be available from 
nearby sources.
    In its petition, UP urges the Board to consult with TSA and the 
Federal Railroad Administration (FRA) because UP suggests that a 
decision by the Board in this proceeding could conflict with TSA and 
FRA policies. Because the Board's consideration of the issues raised by 
UP's petition may relate to statutes and regulations governed by TSA, 
FRA, and other agencies, any agency with an interest in the outcome of 
these issues is encouraged to comment.
    Board decisions, notices, and filings in this and other Board 
proceedings are available on our Web site at http://www.stb.dot.gov.

    Decided: March 10, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-5456 Filed 3-12-09; 8:45 am]
BILLING CODE 4915-01-P