[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7500-7501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02342]


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SURFACE TRANSPORTATION BOARD

[Docket No. EP 526 (Sub-No. 16)]


Notice of Railroad-Shipper Transportation Advisory Council 
Vacancies

AGENCY: Surface Transportation Board (Board).

ACTION: Notice of vacancies on the Railroad-Shipper Transportation 
Advisory Council (RSTAC) and solicitation of nominations.

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SUMMARY: The Board hereby gives notice of vacancies on RSTAC for one 
small shipper representative and one large railroad representative. The 
Board seeks nominations for candidates to fill these vacancies.

DATES: Nominations are due on March 6, 2023.

ADDRESSES: Nominations may be submitted via e-filing on the Board's 
website at www.stb.gov. Submissions will be posted to the Board's 
website under Docket No. EP 526 (Sub-No. 16).

FOR FURTHER INFORMATION CONTACT: Gabriel Meyer at (202) 245-0150. 
Assistance for the hearing impaired is available through the Federal 
Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: The Board, created in 1996 to take over many 
of the functions previously performed by the Interstate Commerce 
Commission, exercises broad authority over transportation by rail 
carriers, including regulation of railroad rates and service (49 U.S.C. 
10701-47, 11101-24), the construction, acquisition, operation, and 
abandonment of rail lines (49 U.S.C. 10901-07), as well as railroad 
line sales, consolidations, mergers, and common control arrangements 
(49 U.S.C. 10902, 11323-27).
    The ICC Termination Act of 1995 (ICCTA), enacted on December 29, 
1995, established RSTAC to advise the Board's Chair; the Secretary of 
Transportation; the Committee on Commerce, Science, and Transportation 
of the Senate; and the Committee on Transportation and Infrastructure 
of the House of Representatives with respect to rail transportation 
policy issues RSTAC considers significant. RSTAC focuses on issues of 
importance to small shippers and small railroads, including car supply, 
rates, competition, and procedures for addressing claims. ICCTA 
instructs RSTAC to endeavor to develop private-sector mechanisms to 
prevent, or identify and address, obstacles to the most effective and 
efficient transportation system practicable. The members of RSTAC

[[Page 7501]]

also prepare an annual report concerning RSTAC's activities. RSTAC is 
not subject to the Federal Advisory Committee Act.
    RSTAC's 15 appointed members consist of representatives of small 
and large shippers, and small and large railroads. These members are 
appointed by the Chair. In addition, members of the Board and the 
Secretary of Transportation serve as ex officio members. Of the 15 
appointed members, nine are voting members and are appointed from 
senior executive officers of organizations engaged in the railroad and 
rail shipping industries. At least four of the voting members must be 
representatives of small shippers as determined by the Chair, and at 
least four of the voting members must be representatives of Class II or 
III railroads. The remaining six members to be appointed-- three 
representing Class I railroads and three representing large shipper 
organizations--serve in a nonvoting, advisory capacity, but may 
participate in RSTAC deliberations.
    Meetings of RSTAC are required by statute to be held at least semi-
annually. RSTAC typically holds meetings quarterly at the Board's 
headquarters in Washington, DC, although some meetings are held 
virtually or in other locations.
    The members of RSTAC receive no compensation for their services and 
are required to provide for the expenses incidental to their service, 
including travel expenses. Currently, RSTAC members have elected to 
submit annual dues to pay for RSTAC expenses.
    RSTAC members must be citizens of the United States and represent 
as broadly as practicable the various segments of the railroad and rail 
shipper industries. They may not be full-time employees of the United 
States Federal Government. According to revised guidance issued by the 
Office of Management and Budget, it is permissible for federally 
registered lobbyists to serve on advisory committees, such as RSTAC, as 
long as they do so in a representative capacity, rather than an 
individual capacity. See Revised Guidance on Appointment of Lobbyists 
to Fed. Advisory Comms., Bds., & Comm'ns, 79 FR 47,482 (Aug. 13, 2014). 
Members of RSTAC are appointed to serve in a representative capacity.
    Each RSTAC member is appointed for a term of three years. No member 
will be eligible to serve in excess of two consecutive terms. However, 
a member may serve after the expiration of his or her term until a 
successor has taken office.
    Due to the expiration of the second term of a small shipper and a 
large railroad representative, the Board is seeking to fill those two 
RSTAC positions. Nominations for candidates to fill the vacancies 
should be submitted in letter form, identifying the name of the 
candidate, providing a summary of why the candidate is qualified to 
serve on RSTAC, and containing a representation that the candidate is 
willing to serve as an RSTAC member effective immediately upon 
appointment. Candidates may nominate themselves. The Chair is committed 
to having a committee reflecting diverse communities and viewpoints and 
strongly encourages the nomination of candidates from diverse 
backgrounds. RSTAC candidate nominations should be filed with the Board 
by March 6, 2023. Members selected to serve on RSTAC are chosen at the 
discretion of the Board Chair. Please note that submissions will be 
posted on the Board's website under Docket No. EP 526 (Sub-No. 16) and 
can also be obtained by contacting the Office of Public Assistance, 
Governmental Affairs, and Compliance at [email protected] or (202) 245-0238.
    Authority: 49 U.S.C. 1325.

    Decided: January 31, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-02342 Filed 2-2-23; 8:45 am]
BILLING CODE 4915-01-P