[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59771-59772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24699]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35387]
Ag Processing Inc A Cooperative--Petition for Declaratory Order;
Institute Proceeding and Hold Oral Argument
In response to a petition filed by Ag Processing Inc A Cooperative
(Ag Processing) regarding the reasonableness of a Norfolk Southern
Railway Company (NSR) tariff, the Surface Transportation Board is
instituting a declaratory order proceeding under 49 U.S.C. 721 and 5
U.S.C. 554(e). The Board also will hold oral argument to address issues
in this proceeding on Tuesday, October 25, 2011, at 9:30 a.m., in the
hearing room at the Board's headquarters located at 395 E Street, SW.,
Washington, DC. The oral argument will be open for public observation,
but only counsel for the parties will be permitted to present argument.
On July 20, 2010, Ag Processing filed a petition for declaratory
order challenging the reasonableness of an NSR tariff insofar as it
imposes charges and penalties on loaded rail cars that exceed the car's
weight limit as a result of weather conditions encountered after the
car is delivered to the railroad. The petition was amended to add other
shippers \1\ and to continue the challenge after NSR revised the
tariff. At Petitioners' request, the Board ordered the parties to
mediate the dispute, but mediation was unsuccessful, and NSR filed a
motion to dismiss the petition on January 27, 2011, along with
confidential materials subject to a protective order. The Petitioners
filed their reply on March 8, 2011.
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\1\ The amended petition added Bunge North America, Inc., Archer
Daniels Midland Company, Louis Dreyfus Corporation, and Perdue
Agribusiness, Inc. as petitioners (collectively, Petitioners).
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The Board does not anticipate the need for additional evidentiary
filings in this proceeding. The Board is setting this case for oral
argument on the issues raised in this case. The parties should be
prepared to discuss: (1) Industry practice relating to cars made
overweight by snow or ice; (2) how frequently closed-hopper cars and
tank cars are made overweight by snow and ice and how those cars have
been brought into compliance in the past; (3) what NSR's overweight
policies were prior to adopting the procedures in question; and (4)
whether the agency's treatment of demurrage--which also involves issues
of due diligence and equipment usage--is a useful model to employ here.
The Petitioners and NSR will each have 20 minutes of argument time. The
Petitioners may reserve part of their time for rebuttal if they so
choose.
By October 18, 2011, each party shall submit to the Board the name
of the counsel who will be presenting its argument. The Petitioners, in
their filing, shall also address the requested time reserved for
rebuttal, if any. Parties should prepare a short oral statement and be
prepared to answer questions from the Board. The purpose of oral
argument is to provide an opportunity for questions that the Board may
have regarding any issue in the proceeding.
Counsel for the parties shall check in with Board staff in the
hearing room prior to the argument.
A video broadcast of the oral argument will be available via the
Board's website at http://www.stb.dot.gov, under ``Information
Center''/``Webcast''/``Live Video'' on the home page.
Instructions for Attendance at Hearing
The STB requests that all persons attending the hearing use the
Patriots Plaza Building's main entrance at 395 E Street, SW. (closest
to the northeast corner of the intersection of 4th and E Streets).
There will be no reserved seating, except for those scheduled to
present oral arguments. The building will be open to the public at 7
a.m., and participants are encouraged to arrive early. There is no
public parking in the building.
Upon arrival, check in at the 1st floor security desk in the main
lobby. Be prepared to produce valid photographic identification
(driver's license or local, state, or Federal government
identification); sign-in at the security desk; receive a hearing room
pass (to be displayed at all times); submit to an inspection of all
briefcases, handbags, etc.; then pass through a metal detector. Persons
choosing to exit the building during the course of the hearing must
surrender their hearing room passes to security personnel and will be
subject to the above security procedures if they choose to re-enter the
building. Hearing room passes likewise will be collected from those
exiting the hearing upon its conclusion.
Laptops and recorders may be used in the hearing room, but no
provision will be made for connecting personal computers to the
Internet. Cellular telephone use is not permitted in the hearing room;
cell phones may be used quietly in the corridor surrounding the hearing
room or in the building's main lobby.
The Board's hearing room complies with the Americans with
Disabilities
[[Page 59772]]
Act, and persons needing such accommodations should call (202) 245-
0245, by the close of business on October 18, 2011.
For further information regarding the oral argument, contact Amy
Ziehm, (202) 245-0391. Assistance for the hearing impaired is available
through the Federal Information Relay Service (FIRS) at (800) 877-8339.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
It is ordered:
1. A declaratory order proceeding under 5 U.S.C. 554 and 49 U.S.C.
721 is instituted.
2. Oral argument in this proceeding will be held on Tuesday,
October 25, 2011, at 9:30 a.m., in the Surface Transportation Board
Hearing Room, at 395 E Street, SW., Washington, DC, as described above.
3. By October 18, 2011, the participants shall submit to the Board
the names of the counsel who will be presenting argument and the name
of the party counsel will be representing. The Petitioners shall also
address the requested time reserved for rebuttal, if any.
4. This decision is effective on the date of service.
Decided: September 21, 2011.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-24699 Filed 9-26-11; 8:45 am]
BILLING CODE 4915-01-P