[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77890-77891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32094]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35504]


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 April 27, 2011, the Board is instituting a declaratory 
order proceeding under 49 U.S.C. 721 and 5 U.S.C. 554(e). UP requests 
that the Board issue a declaratory order to resolve a controversy 
regarding the reasonableness of the indemnification provisions in UP's 
tariff relating to transportation of toxic by inhalation hazardous 
commodities (TIH). The Board seeks public comment on the issues raised 
in this case.

DATES: Any person who wishes to participate in this proceeding as a 
party of record (POR) must file, no later than December 27, 2011, a 
notice of intent to participate. Opening evidence and argument from all 
PORs is due on January 25, 2012. Reply evidence and argument from all 
PORs is due on March 12, 2012. Rebuttal evidence and argument from all 
PORs is due on March 26, 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 to Docket No. FD 
35504, 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 email if service by email is

[[Page 77891]]

acceptable to the recipient) to each of the following (1) Michael L. 
Rosenthal, Covington & Burling LLP, 1201 Pennsylvania Avenue NW., 
Washington, DC 20004-2401, [email protected] (representing UP); (2) 
David L. Coleman, Law Department, Norfolk Southern Corporation, Three 
Commercial Place, Norfolk, VA 23510-9241, [email protected] 
(representing Norfolk Southern Railway Company); (3) David F. Rifkind, 
Leonard, Street, and Deinard, 1350 I Street NW., Suite 800, Washington, 
DC 20005, [email protected] (representing Canadian Pacific 
Railway Company); (4) Gregory M. Leitner, Husch Blackwell LLP, 736 
Georgia Avenue, Chattanooga, TN 37402, 
[email protected] (representing Olin Corporation and 
SunBelt Chlor Alkali Partnership); (5) Peter A. Pfohl, Slover & Loftus 
LLP, 1224 17th Street NW., Washington, DC 20036-3003, 
[email protected] (representing Dyno Nobel Inc.); (6) Jeffrey O. 
Moreno, Thompson Hine LLP, 1920 N Street NW., Washington, DC 20036, 
[email protected] (representing The Fertilizer Institute and 
the American Chemistry Council); (7) Paul M. Donovan, LaRoe, Winn, 
Moerman & Donovan, 1250 Connecticut Avenue NW., Suite 200, Washington, 
DC 20036, [email protected] (representing The Chlorine 
Institute); and (8) any other person designated as a POR on the 
service-list notice (as explained in the Board's decision served on 
December 12, 2011 \1\).
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    \1\ The service-list notice will be issued as soon after 
December 27, 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 
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Web site.

SUPPLEMENTARY INFORMATION: UP's petition requests a declaratory order 
regarding Items 50 and 60 of UP Tariff 6607, ``General Rules for 
Movement of Toxic or Poison Inhalation Commodity Shipments over the 
Lines of the Union Pacific Railroad,'' which are attached as an exhibit 
to the petition. These tariff provisions require TIH shippers to 
indemnify UP against all liabilities except those caused by the sole, 
contributory, or concurring negligence or fault of UP. UP's petition 
raises questions about what constitutes a reasonable request for 
service involving transportation of TIH under 49 U.S.C. 1101(a) and 
what rules and practices a rail carrier can reasonably establish in its 
response to a request to transport TIH under 49 U.S.C. 10702.
    Under 5 U.S.C. 554(e), the Board has discretionary authority to 
issue a declaratory order to terminate a controversy or remove 
uncertainty. The issues raised by UP merit further consideration, and a 
declaratory order proceeding is thus instituted here. Due to the 
significance of this matter to TIH shippers, railroads, and other 
interested parties, we are opening this declaratory order proceeding 
for public participation. Any person seeking to comment on the issues 
raised in UP's petition may submit written comments to the Board 
pursuant to the schedule and procedures set forth in this notice. For 
further information, please see the Board's decision served on December 
12, 2011, in Docket No. FD 35504.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 8, 2011.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-32094 Filed 12-13-11; 8:45 am]
BILLING CODE 4915-01-P