[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Page 62149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25848]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. NOR 42129; Docket No. FD 35517]
American Chemistry Council, The Chlorine Institute, Inc., the
Fertilizer Institute, and PPG Industries, Inc. v. Alabama Gulf Coast
Railway and RailAmerica, Inc.; CF Industries, Inc. v. Indiana & Ohio
Railway, the Point Comfort and Northern Railway, and the Michigan Shore
Railroad--Petition for Declaratory Order
AGENCY: Surface Transportation Board, DOT.
ACTION: Institution of declaratory order proceeding; request for
comments.
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SUMMARY: In response to a petition filed by CF Industries, Inc. (CF) on
May 17, 2011, the Board is instituting a declaratory order proceeding
under 49 U.S.C. 721 and 5 U.S.C. 554(e). CF requests that the Board
declare invalid and unenforceable certain tariffs addressing the
movement of Toxic-by-Inhalation Hazardous materials and Poison-by-
Inhalation Hazardous materials (TIH/PIH) issued by 3 subsidiaries of
RailAmerica, Inc. (RailAmerica): The Indiana & Ohio Railway Company,
the Point Comfort and Northern Railway Company and the Michigan Shore
Railroad, Inc. (collectively, the RailAmerica railroads). This
proceeding will also develop the record with respect to a complaint
filed by another shipper and several trade associations in Docket No.
NOR 42129, which raises similar issues regarding the handling of TIH/
PIH by another RailAmerica subsidiary.\1\ The Board seeks public
comment on the issues raised in both cases.
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\1\ In Docket No. NOR 42129, the complainants are American
Chemistry Council, The Chlorine Institute, Inc., The Fertilizer
Institute (TFI), and PPG Industries, Inc. (collectively, the NOR
42129 complainants), and the defendants are Alabama Gulf Coast
Railway LLC and RailAmerica (collectively, the NOR 42129
defendants).
DATES: Any person who wishes to participate in this proceeding as a
party of record (POR) must file, no later than October 17, 2011, a
notice of intent to participate. Discovery will close on November 29,
2011. Opening evidence and argument from all PORs is due on January 13,
2012. Reply evidence and argument from all PORs is due on February 27,
2012. Rebuttal evidence and argument from all PORs is due on March 13,
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2012.
ADDRESSES: Any filing submitted in this proceeding must 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 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 (and also an electronic version), referring Docket No. FD 35517,
to: Surface Transportation Board, 395 E Street, SW., Washington, DC
20423-0001. In addition, 1 copy of each filing in this proceeding must
be sent (and may be sent by e-mail if service by e-mail is acceptable
to the recipient) to each of the following (1) Patrick E. Groomes,
Fulbright & Jaworski, L.L.P., 801 Pennsylvania Avenue, NW., Washington,
DC 20004-2623, [email protected] (representing CF); (2) Louis E.
Gitomer, Law Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite
301, Towson, MD 21204, [email protected] (representing the RailAmerica
railroads and the defendants in Docket No. NOR 42129); (3) Paul M.
Donovan, LaRoe, Winn, Moerman & Donovan, 1250 Connecticut Avenue, NW.,
Suite 200, Washington, DC 20036, [email protected]
(representing the complainants in Docket No. NOR 42129); (4) Jeffrey O.
Moreno, Thompson Hine LLP, 1920 N Street, NW., Washington, DC 20036,
[email protected] (representing TFI); and (5) any other
person designated as a POR on the service-list notice (as explained in
the Board's decision served on September 30, 2011, in Docket Nos. FD
35517 and NOR 42129 \2\).
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\2\ The service-list notice will be issued as soon after October
17, 2011, as practicable.
FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 245-0359.
Assistance for the hearing impaired is available through the
Federal Information Relay Service (FIRS) at: 1-800-877-8339.
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.
SUPPLEMENTARY INFORMATION: CF and the NOR 42129 complainants challenge
certain requirements for rail transportation of TIH/PIH promulgated by
RailAmerica and several of its railroad subsidiaries. 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 docket to invite broad
public comment on the issues raised in Docket Nos. FD 35517 and NOR
42129. Any person seeking to comment on CF's petition in Docket No. FD
35517 or the complaint in Docket No. NOR 42129 may submit written
comments to the Board (pursuant to the schedule and procedures set
forth in this notice) regarding the reasonableness of the challenged
TIH/PIH transportation requirements. For further information, please
see the Board's decision served on September 30, 2011, in Docket Nos.
FD 35517 and NOR 42129.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: September 28, 2011.
By the Board, Chairman Elliott, Vice Chairman Begeman, and
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-25848 Filed 10-5-11; 8:45 am]
BILLING CODE 4915-01-P