[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