|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|PETITION FOR RULEMAKING TO ADOPT REVISED COMPETITIVE SWITCHING RULES|
|Director Of Proceedings|
|DECISION ANNOUNCED A PUBLIC HEARING IN THIS PROCEEDING ON MARCH 25, 2014, BEGINNING AT 9:30 A.M., IN THE BOARD'S HEARING ROOM.|
| 16 KB|
|Approximate download time at 28.8 kb: 79 Seconds|
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|Full Text of Decision|
43365 SERVICE DATE – LATE RELEASE FEBRUARY 3, 2014
SURFACE TRANSPORTATION BOARD
Docket No. EP 711
PETITION FOR RULEMAKING TO ADOPT REVISED
COMPETITIVE SWITCHING RULES
Decided: February 3, 2014
AGENCY: Surface Transportation Board.
ACTION: Notice of rescheduled public hearing.
SUMMARY: The Surface Transportation Board (the Board) will hold a public hearing to explore further the issues surrounding the petition by The National Industrial Transportation League (NITL) and the related comments filed in this proceeding.
DATES: The hearing will be held on March 25 and 26, 2014, beginning at 9:30 a.m., in the Hearing Room at the Board’s headquarters located at 395 E Street, S.W., Washington, DC. The hearing will be open for public observation. The schedule of appearances and the time provided for each party appear in the Appendix to this decision.
INSTRUCTIONS FOR ATTENDANCE AT HEARING: All persons attending the hearing are requested to use the main entrance to Patriots Plaza I at 395 E Street, S.W. (entrance on E Street closest to 4th Street). There will be no reserved seating, except for those scheduled to present comments. The building will be open to the public at 7:00 a.m. There is no public parking in the building. The two closest Metrorail stations are Federal Center SW at 3rd and D Streets, S.W., and L’Enfant Plaza at 6th and D Streets, S.W.
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.; and pass through a metal detector. Those persons testifying must check in with the Clerk at the front of the hearing room.
Persons choosing to exit the building during the course of the hearing must return 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 also 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.
Members of the media planning to attend the hearing should contact Dennis Watson in the Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0234.
The Board’s hearing room complies with the Americans with Disabilities Act, and persons needing such accommodations should call (202) 245-0245, by the close of business on March 24, 2014.
If a party wishes to use visual displays and/or handouts of material from the record, it may do so. Parties may copy computer presentations to a Board-supplied laptop for viewing on the hearing room’s television screens. Staff will be available to demonstrate the hearing room’s screen system and to assist in the copying of visual presentations onto the hearing room laptop computer on March 24, 2014, from 2:00 p.m. to 4:00 p.m. Please call (202) 245-0238 to make arrangements.
FOR FURTHER INFORMATION CONTACT: Valerie Quinn at (202) 245-0382. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339.
SUPPLEMENTARY INFORMATION: By decision served on July 25, 2012, the Board began a proceeding to consider a proposal submitted by NITL to modify the Board’s standards for mandatory competitive switching. Under the proposal, certain captive shippers located in terminal areas would be granted access to a competing railroad if there is a working interchange within a reasonable distance (30 miles under NITL’s proposal). In its decision, the Board sought empirical information about the impact of the proposal if it were to be adopted. The Board received numerous comments in response to its decision. In order to explore further NITL’s proposal and the issues raised in the submitted comments, the Board scheduled a public hearing for October 22, 2013. The Board received numerous notices of intent to participate in that hearing. By decision served on October 16, 2013, the Board postponed the hearing due to the Government shutdown. The Board is now rescheduling the hearing for March 25 and 26, 2014.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. A public hearing in this proceeding will be held on March 25 and 26, 2014, at 9:30 a.m., in the Board’s Hearing Room, at 395 E Street, S.W., Washington, DC, as described above.
2. Time for the hearing is allotted as reflected in the Appendix to this decision.
By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.
APPENDIX -- SCHEDULE OF APPEARANCES
tuesday, March 25, 2014 (commencing AT 9:00 a.m.)
Party Time Allotted
U.S. Department of Transportation 5 minutes
Christopher S. Perry
The National Industrial Transportation League 50 minutes
Association of American Railroads 50 minutes
Michael R. Baranowski
William J. Rennicke
B. Kelly Eakin
Phil C. Ireland
Samuel M. Sipe, Jr.
American Short Line & Regional Railroad Association 15 minutes
Richard F. Timmons
Arkansas Electric Cooperative Corporation 20 minutes
Eric Von Salzen
Michael A. Nelson
Interested Agricultural Parties 10 minutes
Joint Coal Shippers 5 minutes
Stephanie M. Archuleta
APPENDIX -- SCHEDULE OF APPEARANCES
WEDNESDAY, March 26, 2014 (COMMENCING AT 9:00 a.m.)
BNSF Railway Company 10 minutes
Jill K. Mulligan
CSX Transportation, Inc. 10 minutes
The Kansas City Southern Railway Company 5 minutes
Norfolk Southern Railway Company 10 minutes
Union Pacific Railroad Company 10 minutes
Thomas C. Haley
The American Chemistry Council 10 minutes
The Chlorine Institute 5 minutes
Diversified CPC International, Inc. 10 minutes
The Dow Chemical Company 10 minutes
Indorama Ventures EO & Glycols, Inc. 15 minutes
Phillip C. Rine
United Transportation Union-New York State Legislative Board 5 minutes
Gordon P. MacDougall
Wolfe Research 10 minutes
Scott H. Group
 Because the hearing was originally scheduled for last fall, the Board has already received notices of intent to participate and summaries of testimony. However, if there are any changes in intent to participate, please notify us by February 10, 2014.