[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Proposed Rules]
[Pages 76098-76099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29806]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X

[Docket No. EP 665 (Sub-No. 1)]


Rail Transportation of Grain, Rate Regulation Review

AGENCY: Surface Transportation Board, DOT.

ACTION: Request for Comments.

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SUMMARY: The Surface Transportation Board invites public comment on how 
to ensure the Board's rate complaint procedures are accessible to grain 
shippers and provide effective protection against unreasonable freight 
rail transportation rates.

DATES: Comments are due by March 12, 2014. Replies are due by May 12, 
2014.

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 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: 
Docket No. EP 665 (Sub-No. 1), 395 E Street SW., Washington, DC 20423-
0001. 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: Nathaniel Bawcombe at (202) 245-0376. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: On November 2, 2006, the Board held a 
hearing in Rail Transportation of Grain, Docket No. EP 665, as a forum 
for interested persons to provide views and information about grain 
transportation markets. The hearing was prompted by concerns regarding 
rates and service issues related to the movement of grain raised by 
Members of Congress, grain producers, and other stakeholders. When it 
closed that proceeding in January 2008, the Board reasoned that 
guidelines for simplified rate procedures had recently been adopted, 
providing a new avenue for rate relief for grain shippers. Rail Transp. 
of Grain, EP 665, slip op. at 5 (STB served Jan. 14, 2008).\1\ The 
Board also noted that it would continue to monitor the relationship 
between carriers and grain interests, and that if future regulatory 
action were warranted, it would open a new proceeding. Rail Transp. of 
Grain, EP 665, slip op. at 5.
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    \1\ Referring to Simplified Standards for Rail Rate Cases, EP 
646 (Sub-No. 1) (STB served Sept. 5, 2007), aff'd sub nom. CSX 
Transp., Inc. v. STB, 568 F.3d 236 (D.C. Cir.), vacated in part on 
reh'g, 584 F.3d 1076 (D.C. Cir. 2009).
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    The Board recently concluded a proceeding to reform freight rail 
rate regulations generally. See Rate Regulation Reforms, EP 715 (STB 
served July 18, 2013), appeal docketed, No. 13-1230 (D.C. Cir. July 29, 
2013). In that proceeding, parties representing grain shippers' 
interests argued that the proposed changes did not provide meaningful 
relief to grain shippers.\2\ One party also noted that, despite 
increases in rates, no grain shipper has sought rate relief at the 
Board or the Interstate Commerce Commission since 1981, and that the 
Board should consider providing more substantial modifications to its 
rate process to provide a mechanism for grain shippers to challenge 
rates.\3\ On the other hand, one carrier argued that grain rates are 
not unreasonably high and that the Board's rate methodology has not 
been shown to be flawed with respect to that traffic.\4\
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    \2\ National Grain and Feed Association (NGFA) Opening 4-5, Rate 
Regulation Reforms, EP 715; Alliance for Rail Competition, Montana 
Wheat & Barley Committee, Colorado Wheat Administrative Committee, 
Idaho Barley Commission, Idaho Wheat Commission, Montana Farmers 
Union, Nebraska Wheat Board, Oklahoma Wheat Commission, South Dakota 
Wheat Commission, Texas Wheat Producers Board, and Washington Grain 
Commission Opening 6-12, Rate Regulation Reforms, EP 715.
    \3\ NGFA Opening 3-4, Rate Regulation Reforms, EP 715.
    \4\ BNSF Ry. Co. Reply 10, Rate Regulation Reforms, EP 715.
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    We believe it is appropriate to consider what regulatory changes 
could be implemented to ensure that the Board's rate case procedures 
are fully accessible to grain shippers and provide effective relief 
from excessive freight

[[Page 76099]]

rail rates, as appropriate. The Board is seeking input from interested 
parties on grain shippers' ability to effectively seek relief for 
unreasonable rates, including proposals for modifying existing 
procedures, or new alternative rate relief methodologies, should they 
be necessary.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. A proceeding is instituted. Notice of this decision will be 
published in the Federal Register.
    2. Comments are due by March 12, 2014. Replies are due by May 12, 
2014.
    3. This decision is effective on the day of service.

    Decided: December 9, 2013.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-29806 Filed 12-13-13; 8:45 am]
BILLING CODE 4915-01-P