[Federal Register Volume 73, Number 39 (Wednesday, February 27, 2008)]
[Notices]
[Pages 10509-10510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3712]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Ex Parte No. 677]
Common Carrier Obligation of Railroads
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice of Public Hearing.
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SUMMARY: The Surface Transportation Board will hold a public hearing
beginning at 9 a.m. on Thursday, April 24, 2008, at its headquarters in
Washington, DC. The purpose of the public hearing will be to examine
issues related to the common carrier obligation of railroads. Persons
wishing to speak at the hearing should notify the Board in writing.
DATES: The public hearing will take place on Thursday, April 24, 2008.
Any person wishing to speak at the hearing should file with the Board a
written notice of intent to participate, and should identify the party,
the proposed speaker, the time requested, and the
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topic(s) to be covered, as soon as possible but no later than March 25,
2008. Each speaker should also file with the Board his or her written
testimony by April 17, 2008. Written submissions by interested persons
who do not wish to appear at the hearing will also be due by April 17,
2008.
ADDRESSES: All notices of intent to participate and testimony 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 Board's http://www.stb.dot.gov Web site, at
the ``E-FILING'' link. Any person submitting a filing in the
traditional paper format should send an original and 10 copies of the
filing to: Surface Transportation Board, Attn: STB Ex Parte No. 677,
395 E Street, SW., Washington, DC 20423-0001.
FOR FURTHER INFORMATION, CONTACT: Joseph H. Dettmar, (202) 245-0395.
[Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at: (800) 877-8339.]
SUPPLEMENTARY INFORMATION: The common carrier obligation refers to the
statutory duty of railroads to provide ``transportation or service on
reasonable request.'' 49 U.S.C. 11101(a). A railroad may not refuse to
provide service merely because to do so would be inconvenient or
unprofitable. G.S. Roofing Prods. Co. v. Surface Transp. Bd., 143 F.3d
387, 391 (8th Cir. 1998). The common carrier obligation, however, is
not absolute, id., and service requests must be reasonable. See 49
U.S.C. 11101(a). In recent years, the Board has seen an increasing
number of questions arising, both formally and informally, regarding
the extent of a railroad's common carrier obligation. As a result, this
hearing seeks to highlight the importance of the common carrier
obligation, to provide a better understanding of it, and to assist the
Board in its monitoring and compliance work.
The hearing will focus on various topics related to the extent of
the common carrier obligation, including, but not limited to: (1)
Service limitation resulting from a capacity constrained environment;
(2) cost and safety issues related to the transportation of hazardous
materials, especially toxic inhalation hazards; (3) carrier-imposed
requirements for infrastructure investments by shippers; (4) the impact
of volume requirements or incentives; (5) economically motivated
service reductions and metering of the demand for service; (6) the
proper use of rail embargoes; (7) when it becomes necessary to obtain
abandonment authorization; and (8) to whom does the common carrier
obligation apply. The hearing will also address the role of the Board's
Office of Compliance and Consumer Assistance in ensuring that carriers
meet their common carrier obligation.
Date of Hearing. The hearing will begin at 9 a.m. on Thursday,
April 24, 2008, in the 1st floor hearing room at the Board's
headquarters at 395 E Street, SW., in Washington, DC, and will continue
until every person scheduled to speak has been heard.
Notice of Intent To Participate. Any person wishing to speak at the
hearing should file with the Board a written notice of intent to
participate, and should identify the party, the proposed speaker, the
time requested, and topic(s) to be covered, as soon as possible, but no
later than March 25, 2008.
Testimony. Each speaker should file with the Board his or her
written testimony by April 17, 2008. Also, any interested person who
wishes to submit a written statement without appearing at the April 24
hearing should file that statement by April 17, 2008.
Board Releases and Live Audio Available Via the Internet. Decisions
and notices of the Board, including this notice, are available on the
Board's Web site at: http://www.stb.dot.gov. This hearing will be
available on the Board's website by live video streaming. To access the
hearing, click on the ``Live Video'' link under ``Information Center''
at the left side of the home page beginning at 9 a.m. on April 24,
2008.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Dated: February 21, 2008.
By the Board, Anne K. Quinlan, Acting Secretary.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-3712 Filed 2-26-08; 8:45 am]
BILLING CODE 4915-01-P